Hazen v. Cook

Both parties seek reconsideration of our order denying attorney fees to either party on appeal following our decision on the merits. Hazen v. Cook, 55 Or App 66, 637 P2d 195 (1981). Respondent, in addition, contends that we erred in designating appellants as the prevailing parties. The situation presented is unusual, so we will explain our reasons for denying any attorney fees.

Appellants are the holders of a promissory note executed by respondent; the note bears an interest rate of 11 percent, which was usurious under the law existing at the time the note was executed and at the time of the…