O'BRIEN v. BELSMA

CV 87-981; CA A61655.

816 P.2d 665 (1991)

108 Or.App. 500

Gordon T. O'BRIEN, Special Administrator of the Estate of Helen E. O'Brien, Appellant, v. Ronnie BELSMA, Respondent.

Court of Appeals of Oregon.

Decided August 28, 1991.


Attorney(s) appearing for the Case

Don G. Carter, Portland, argued the cause for appellant. With him on the briefs was McEwen, Gisvold, Rankin & Stewart, Portland.

Thomas W. Sondag, Portland, argued the cause for respondent. With him on the brief was Lane Powell Spears Lubersky, Portland.

Before RICHARDSON, P.J., and JOSEPH, C.J., and DEITS, J.


JOSEPH, Chief Judge.

Plaintiff, on behalf of the estate of Helen O'Brien, brought this action to rescind and cancel deeds and to require the return of funds that Helen had given to defendant when Helen was allegedly incompetent. The court dismissed the action with prejudice and awarded defendant attorney fees, costs and disbursements. Plaintiff appeals. On de novo review, we affirm the dismissal but reverse and remand with respect to the award of attorney fees...

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