Kirschenman v. Elias
Kirschenman v. Elias
Opinion of the Court
Plaintiffs filed an action against defendants for specific performance of a contract for the construction and sale of a residence. Both plaintiffs and defendants asserted claims against each other under the parties’ contract. After a trial to the court, the court entered a general judgment that ordered specific performance of the contract and denied the other claims. The judgment further ordered that no party was awarded attorney fees or costs. Plaintiffs’ counsel prepared the judgment, at the court’s direction, and served it on defendants’ counsel before the court signed and entered it. Notwithstanding the judgment provision denying the parties an award of attorney fees and costs, plaintiffs and defendants submitted post-judgment statements for attorney fees and costs and objections to the opposing parties’ statements. The court took no action on the statements and objections. Defendants filed an appeal and plaintiffs filed a cross-appeal from the judgment. The parties raise a number of assignments of error, including an assignment on attorney fees. We reject without discussion all assignments of error except defendants’ assignment on attorney fees. On that assignment, we affirm.
Under ORCP 68 C(4), parties have 14 days after the entry of a judgment in which to submit statements of attorney fees and costs and disbursements. If a timely statement is filed, the court “shall hear and determine all issues of law and fact raised by [a] statement of attorney fees or costs and disbursements and by the objections.” ORCP 68 C(4)(c)(i). Further, if a general judgment has been entered before the statement and objections have been filed and the issues framed by them decided, then the court must enter its decision on those issues in a supplemental judgment. ORCP 68 C(5)(b); Petersen v. Fielder, 170 Or App 305, 309-10, 13 P3d 114 (2000).
Here, the court entered the general judgment denying an award of attorney fees and costs before the parties filed their attorney fee and cost statements and objections. The court’s decision on attorney fees and costs was premature, because it preceded the parties’ submission of attorney
Affirmed on appeal and cross-appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.