WIHTOL v. LYNN

0402-01208; A126446.

146 P.3d 365 (2006)

209 Or. App. 56

Jeffrey B. WIHTOL, Appellant, v. Christopher LYNN and Angela Lynn, Respondents.

Court of Appeals of Oregon.

Decided November 1, 2006.


Attorney(s) appearing for the Case

Jeffrey B. Wihtol, Portland, argued the cause for appellant pro se. On the briefs were Erin K. MacDonald and Law Offices of Jeffrey B. Wihtol.

William H. Sumerfield, Hood River, argued the cause for respondents. With him on the brief was Phillips Reynier & Sumerfield.

Before ARMSTRONG, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.


ARMSTRONG, P.J.

Plaintiff appeals a judgment in a declaratory judgment action to enforce a contract. Plaintiff seeks a declaration that the enhanced-fee clause in the contract under which plaintiff represented defendants in a medical malpractice action is enforceable. The trial court granted summary judgment to defendants and entered a declaration that the enhanced fee clause is unenforceable. We conclude that the trial court erred in granting summary judgment to...

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