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OAKLEAF MOBILE HOME PARK v. MANCILLA

FED-02-01-059; A118023.

75 P.3d 908 (2003)

189 Or. App. 458

OAKLEAF MOBILE HOME PARK, Respondent, v. Anthony MANCILLA, Appellant, and Heidi Mancilla and Haelie Sammons, Defendants.

Court of Appeals of Oregon.

Decided September 10, 2003.

Attorney(s) appearing for the Case

Philip Yates, Wilsonville, argued the cause for appellant. With him on the brief was Yates & Yates.

Charles M. Greeff argued the cause and filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

Defendant Anthony Mancilla appeals the trial court's refusal to award costs and attorney fees under ORS 90.255. He argues that, because plaintiff voluntarily dismissed its forcible entry and detainer (FED) action against him, he is the prevailing party and is entitled to costs and attorney fees. We reverse and remand.

On December 24, 2001, plaintiff served defendants1 with...

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