Executive Management Corporation v. Juckett

Plaintiff brought this forcible entry and detainer action to recover possession of an apartment unit and attorney fees. The case was tried before the court without a jury. The trial court entered judgment in favor of plaintiff for possession of the premises but denied attorney fees to plaintiff, the prevailing party. Plaintiff appeals.

Plaintiff appeals from that part of the judgment order which states:

"(3) The Court being of the opinion that ORS 91.755 is not applicable to a proceeding in Forcible Entry and Detainer, and for that reason orders that attorney’s fees shall be awarded to neither…