Gillespie v. Kononen

Defendant appeals from the denial of her motion for attorney fees under ORS 91.755 (since renumbered as ORS 90.255) in this residential FED action.1 We reverse and remand.

Because the procedural history of the case has some bearing on the merits, we will describe it briefly. After defendant moved to dismiss the complaint, plaintiffs voluntarily moved to dismiss the action. The trial court entered an order of dismissal. Thereafter, defendant moved for attorney fees. Less than 15 days after the motion was filed, the trial court signed the order denying attorney fees, and plaintiffs therefore did…