Markus v. Clark

Plaintiffs, who prevailed in the decision on the merits, 149 Or App 156, 941 P2d 1086 (1997), petition for attorney fees on appeal in the amount of $5,258.25. Defendants oppose the petition. We allow appellate attorney fees of $1,416.60, representing 20 percent of the underlying judgment of $7,083.

Our award flows from our construction of ORS 36.425(4)(b) and (5)(a), in combination with ORS 19.220. ORS 36.425(4)(b) and (5)(a) provide:

“(4) Notwithstanding any other provision of law or the Oregon Rules of Civil Procedure:

“(b) If a party requests a trial de novo under the provisions of this…