SEELY v. HANSON

CC 88-2128; CA A64084; SC S39666.

857 P.2d 121 (1993)

317 Or. 476

David SEELY, Petitioner on Review. v. Gary Lee HANSON and Barbara Hanson, husband and wife, Respondents on Review, v. Denise K. TUHY, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided August 26, 1993.


Attorney(s) appearing for the Case

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander & McCann, Salem, filed the petition for review and argued the cause for petitioner on review.

Jeffrey M. Batchelor, of Lane Powell Spears Lubersky, Portland, argued the cause for respondents on review Hanson. With him on the response was Dan Van Thiel, Astoria.

No appearance for respondent on review Tuhy.

Kathryn H. Clarke, Portland, filed a brief in behalf of amicus curiae Oregon Trial Lawyers Ass'n.


CARSON, Chief Justice.

This case concerns the application of sanctions, including reasonable expenses and attorney fees, to parties and lawyers in an appellate proceeding.

Plaintiff and defendants Hanson (hereinafter "defendants") are neighbors. Their dispute over an easement granted to plaintiff by their common grantor, defendant Tuhy, ended in litigation. The trial court re-drew the property line between plaintiff's and defendants' land and awarded plaintiff...

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