• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Post general dismissal claim for attorney fees

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Megadust

Junior Member
What is the name of your state (only U.S. law)? Oregon

Had a civil case dismissed by procedure/rule (from arbitration) as Arbitrator & Defendant failed to set date within time period required. Plaintiff (me) is fine with dismissal, as it was a small claim that Defendant mucked up beyond belief.

Anyway, so case is closed with a simple General Judgment of Dismissal - no finding of facts, no party prevailed, no predigest and no awards. Now defendant submitted an order (without motion) to receive an award of his fees to be paid by Plaintiff.

My understanding is that the case is stopped at the general judgment of dismissal, and that would need to be vacated before anything else can transpire, additionally a party would have to prevail on some element or award of "$1" to seek their fees, costs & disbursements.

Thinking this act of Defendant will fall on deaf ears at the courthouse, as case is closed and no party prevailed -- but always crazy surprises in these civil cases and not sure if i should write a response / rebuttal to this attempt to claim themselves as prevailing.

Any comments?

Also question about appeal; as the Defendant attorney never received permission from the court to appear in the small claims tribunal (ORS 50.090) and motioned from small claims into civial court without their counterclaim being of the same transaction, occourance or dispute (ORS 90.055)

Thank you
 


Megadust

Junior Member
short question is

sorry for rambling; short question is: after a general judgment of dismissal without prejudice or findings of fact, can either party get motions heard / be awarded prevailing party & attorney fees without first vacating the standing judgment?

Thanks
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top