State Ex Rel. Adult & Family Services Division v. Fulop

In these paternity cases, Adult and Family Services appeals the allowance of attorney fees to respondents. We reverse. Parkhurst v. Faessler, 62 Or App 539, 661 P2d 571 (1983); Diamond Claims & Inves., Inc. v. Grensky, 68 Or App 446, 681 P2d 802 (1984). The dissent acknowledges that respondents failed to comply with the specific requirement of ORCP 68C(2) but argues that we should disregard that failure, because there was no prejudice. The relevant language of ORCP 68C(2) provides:

“A party seeking attorney fees shall assert the right to recover such fees by alleging the facts, statute, or…