Bernard v. Gary J. Leras, P.C.

Defendant professional corporation appeals from an order granting plaintiffs motion to voluntarily dismiss his own complaint without prejudice. ORCP 54A(2). Plaintiff cross-appeals, assigning error to the award of attorney fees to defendant. 1 We affirm on the appeal, and reverse on the cross-appeal.

The parties’ underlying disputes are described adequately in Bernard v. Gary J. Lekas, P.C., 120 Or App 607, 609, 853 P2d 322 (1993), which was an appeal from the second lawsuit plaintiff filed against defendant. This is an appeal from the first lawsuit plaintiff filed against defendant.

Before…