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WILKES v. ZURLINDEN

(CC 93-3620-L-3, Agency No. 17988-101; CA A91278 (Control), A91800; SC S44912)

984 P.2d 261 (1999)

328 Or. 626

Allen WILKES, dba S.A.W. Construction, Respondent on Review, v. Dennis ZURLINDEN and Sharie Zurlinden, husband and wife, Petitioners on Review. Allen Wilkes and Shirley Wilkes, dba S.A.W. Construction, Petitioners Below, v. Construction Contractors Board, Dennis Zurlinden and Sharie Zurlinden, Respondents Below.

Supreme Court of Oregon.

Decided June 11, 1999.

Attorney(s) appearing for the Case

William V. Deatherage, of Frohnmayer, Deatherage, Pratt, Jamieson & Clarke, P.C., Medford, argued the cause for petitioners on review. With him on the petition was John R. Huttl.

Matthew Sutton, of Kellington, Krack, Richmond, Blackhurst & Sutton, LLP, Medford, argued the cause for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

LEESON, J.

In this action on a construction contract, the issue is whether the trial court erred in designating defendants as the prevailing party under ORS 20.0961 and awarding them attorney fees under the parties' contract. After a trial in which it denied affirmative relief to both plaintiff2 and defendants, the court designated only defendants as the prevailing party. The Court of Appeals reversed, holding...

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