Tanner v. Grissom

In this residential FED proceeding, defendant tenant appeals the denial of her motion for attorney fees under ORS 90.255. We reverse and remand.

Plaintiff filed an FED action against defendant in district court seeking possession of rental property that defendant occupied. ORS 105.105 et seq. Defendant filed an answer, which included the affirmative defense that plaintiffs notice to vacate was defective. ORS 90.910; ORS 90.400; 24 CFR § 882.511 (1994).1 Before trial, plaintiff filed a notice of dismissal to which defendant stipulated pursuant to ORCP 54.2 Defendant did not waive her right to…