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RICCIARDI v. FRINK

91-9-345; CA A82340.

891 P.2d 1336 (1995)

133 Or. App. 436

Charles Rod RICCIARDI, Plaintiff-Counterclaim Defendant, v. Bob FRINK and Bob Frink Management, Inc., a California corporation, Defendants-Counterclaim Plaintiffs, and Doris Frink and Medford Nissan, Inc., an Oregon corporation, Defendants. Bob FRINK and Bob Frink Management, Inc., a California corporation, Third-Party Plaintiffs-Appellants, v. Lamar LOE, Third-Party Defendant-Respondent, and Richard Ricardy, Third-Party Defendant.

Court of Appeals of Oregon.

Decided March 8, 1995.

Review Denied June 13, 1995.

Attorney(s) appearing for the Case

Barbee B. Lyon argued the cause for appellants. With him on the briefs were Jeanne M. Chamberlain and Tonkon, Torp, Galen, Marmaduke & Booth.

Richard S. Yugler argued the cause and filed the brief for respondent.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

HASELTON, Judge.

Plaintiff Bob Frink Management, Inc., appeals from a Supplemental Judgment awarding defendant Lamar Loe 1 attorney fees following dismissal of Frink's breach of contract and "breach of note" actions on grounds of "improper venue." In particular, plaintiff asserts that the trial court erred in awarding defendant fees under a contractual prevailing party provision where: (1) defendant obtained dismissal of the action by...

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