Attorney Fees

ORS 20.220
Appeal on attorney fees and costs

  • effect of reversal or modification

(1)

An appeal may be taken from a judgment under ORCP 68 C(4) allowing or denying attorney fees or costs and disbursements on questions of law only, as in other cases. On such appeal the statement of attorney fees or costs and disbursements, the objections thereto and the judgment rendered thereon shall constitute the trial court file, as defined in ORS 19.005 (Definitions).

(2)

If an appeal is taken from a judgment under ORS 19.205 (Appealable judgments and orders) before the trial court enters a judgment under ORCP 68 C(4), any necessary modification of the appeal shall be pursuant to rules of the appellate court.

(3)

When an appeal is taken from a judgment under ORS 19.205 (Appealable judgments and orders) to which an award of attorney fees or costs and disbursements relates:

(a)

If the appellate court reverses the judgment, the award of attorney fees or costs and disbursements shall be deemed reversed; or

(b)

If the appellate court modifies the judgment such that the party who was awarded attorney fees or costs and disbursements is no longer entitled to the award, the party against whom attorney fees or costs and disbursements were awarded may move for relief under ORCP 71 B(1)(e). [Amended by 1967 c.471 §2; 1981 c.898 §22; 1989 c.768 §7]

Notes of Decisions

This section applies both when party desires to appeal from judgment for costs and attorney fees and when appeal is from underlying judgment. Jansen v. Atiyeh, 302 Or 314, 728 P2d 1382 (1986)

Because reversal of underlying judgment appealed under ORS 19.205 results in reversal of supplemental judgment awarding attorney fees under this section, determination of merits of appeal of underlying judgment will have practical effect on rights of parties. State ex rel Select Reform Com. v. City of Jefferson, 306 Or App 239, 474 P3d 399 (2020)

Source

Last accessed
Mar. 11, 2023

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