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MAXWELL v. STEBBINS

99 CV 0130; A108022

42 P.3d 336 (2002)

180 Or. App. 48

William Stirling MAXWELL, Appellant, v. Michael R. STEBBINS and Nickolas C. Nylander, Respondents.

Court of Appeals of Oregon.

Decided March 13, 2002.

Attorney(s) appearing for the Case

William Stirling Maxwell filed the brief pro se.

Charles D. Carlson and Brown, Roseta, Long, McConville, Kilcullen & Carlson, Eugene, filed the brief for respondent Michael R. Stebbins.

Joel S. DeVore and Luvaas, Cobb, Richards & Fraser, P.C., Eugene, filed the brief for respondent Nickolas C. Nylander.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

LANDAU, P.J.

Plaintiff appeals a judgment dismissing his claims with prejudice and awarding defendants prevailing parties fees, contending that the judgment should have dismissed the claims without prejudice and that the court should not have awarded prevailing party fees. We conclude that the trial court erred in failing to dismiss the claims without prejudice and do not reach the other assignment of error.

The relevant facts are not in dispute. On March...

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