Hamlin v. Hampton Lumber Mills, Inc.

In Hamlin v. Hampton Lumber Mills, Inc., 222 Or App 230, 193 P3d 96 (2008), we designated defendant as the prevailing party on appeal and allowed it costs and disbursements. Notwithstanding that designation, plaintiff petitioned for attorney fees and costs, which defendant has opposed. Defendant also submitted a statement of costs and disbursements. For the reasons set forth below, we conclude that we erred in designating defendant as the prevailing party. Accordingly, we designate plaintiff as the prevailing party, award him attorney fees and costs, and deny defendant’s statement of costs…