Rogerson v. Baker

The opinion on the merits in this case (55 Or App 1029, 643 P2d 1029 (1982)) did not contain any reference to costs on appeal. However, the costs sheet attached to the title page of the opinion carried the notation: “No costs are awarded.” Nonetheless, the prevailing party, Rogerson, has filed a cost bill, together with an argument that certain legislative changes made in 1981 do not permit the court to deny costs to the prevailing party in a civil case and that, in any event, because the Court of Appeals opinion itself did not deny costs, the notation on the costs sheet is of no effect.

We…