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ANDERSON v. DRY CLEANING TO-YOUR-DOOR, INC.

090404565, A145224.

275 P.3d 181 (2012)

249 Or. App. 104

Derek ANDERSON; Kari Anderson; Ben Kalny; Valerie Kalny; Jerson F. Andrade; Robert F. Beier; Mary Louise Beier; Mark Bindenagel; Therese Bindenagel; Roger Buck; Jacalynn Buck; Anna Christo; Chad Couch; G.A.C.S, Inc., a Texas corporation; Joel Dulaney; David Duvall; Sandra Duvall; W.T.R., Inc., a Colorado corporation; Allan Walts; and Marsha Walts, Plaintiffs-Respondents, v. DRY CLEANING TO-YOUR-DOOR, INC., an Oregon corporation, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 28, 2012.

Attorney(s) appearing for the Case

Julia E. Markley , Michael H. Simon , and Perkins Coie LLP filed the briefs for appellant.

Scott Leonard , Law Offices of Scott Leonard, LLC, Kevin D. Allen , Penny T. Platnick , and Allen & Vellone, P.C., filed the brief for respondents.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

Defendant appeals after the trial court awarded plaintiffs $115,980 in attorney fees in this remedial contempt proceeding. ORS 33.055. Defendant argues that the trial court erred in awarding those fees, because plaintiffs neither alleged such a right in any pleading or motion as required by ORCP 68 C(2), nor otherwise alerted defendant that they would be seeking attorney fees, and plaintiffs have no substantive right to recover attorney fees in that proceeding...

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