HAYNES v. ADAIR HOMES, INC.

Nos. CCV0211573, A129305.

217 P.3d 1113 (2009)

231 Or. App. 144

Paul L. HAYNES and Renee J. Haynes, husband and wife; Pamela Jill Hopkins, Guardian Ad Litem for Michael Haynes, a Minor Child; and Pamela Jill Hopkins, Guardian Ad Litem for Liam Haynes, a Minor Child, Plaintiffs-Respondents, v. ADAIR HOMES, INC., Defendant-Appellant.

Court of Appeals of Oregon.

Respondents' Objections to Appellant's Petition for Attorney Fees May 8, 2009.

Appellant's Reply to Respondents' Objection to Attorney Fees May 13, 2009.

On Respondents' Petition for Attorney Fees May 7, 2009.

Appellant's Response to Respondents Petition for Attorney Fees May 13, 2009.

Respondents' Reply to Appellant's Objections to Attorney Fees May 19, 2009.

Decided September 30, 2009.


Attorney(s) appearing for the Case

Rick Pope and Kirklin Folawn LLP for appellant's petition.

Calvin P. Vance for response.

Calvin P. Vance for respondents' petition.

Rick Pope and Kirklin Thompson & Pope LLP for response.

Before EDMONDS, Presiding Judge, and LANDAU, Judge, and WOLLHEIM, Judge.


LANDAU, J.

Defendant appealed a supplemental judgment that awarded plaintiffs attorney fees, arguing that (1) the court should not have awarded attorney fees at all because plaintiffs failed to seek alternative dispute resolution as required in their contract with defendant; and (2) at the least, the court should not have awarded attorney fees to all of the plaintiffs, because some of them—the children—were not parties to the contract that formed the...

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