Marquam Investment Corp. v. Brewer

In this forcible entry and detainer (FED) action, the district court awarded the plaintiff landlord possession of the leased premises and, pursuant to ORS 91.755, 1 awarded the plaintiff $3,000 attorney fees. Defendant appeals, contending inter alia that the trial court erred in awarding attorney fees and in denying defendant’s motion to transfer the cause to the circuit court. We agree with both contentions.

At the outset, plaintiff argues that defendant cannot maintain this appeal because she has abandoned the premises, there is no issue between the parties as to possession, the subject…