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MATTIZA v. FOSTER

No. 87-01-21356-L; CA A46889; SC S35734.

803 P.2d 723 (1990)

311 Or. 1

Virginia Dare MATTIZA, as Guardian/Conservator of Virginia Dare Sandy, a protected person, Petitioner on Review, v. Dorothy Jean FOSTER, Respondent on Review.

Supreme Court of Oregon.

Decided December 20, 1990.

Attorney(s) appearing for the Case

Virginia Dare Mattiza, Austin, Tex., filed the petitions for review and reconsideration, memorandum, and argued the cause pro se.

H. Clifford Looney, Vale, argued the cause for respondent on review. With him on the response and memorandum was Butler & Looney, P.C., Vale.

Phillip D. Chadsey, Portland, filed a brief on behalf of amicus curiae Oregon Fellows of the American College of Trial Lawyers.

Joel S. DeVore, Eugene, filed a brief on behalf of amicus curiae Oregon Ass'n of Defense Counsel. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

CARSON, Justice.

Upon review in this court, the issue before us is whether the trial court properly awarded defendant attorney fees, pursuant to ORS 20.105(1),1 after finding that plaintiff had acted in bad faith in bringing and pursuing an action for undue influence. The Court of Appeals affirmed the trial court's award of attorney fees. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND...

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