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WALKER v. GROTE

16-89-00617; CA A63483.

806 P.2d 725 (1991)

106 Or. App. 214

Tony M. WALKER, Appellant, v. Benjamin Davis GROTE, Respondent, and Judy Thomas, Nancy Bloxom and Excel Realty, Inc., Defendants.

Court of Appeals of Oregon.

Decided March 6, 1991.

Attorney(s) appearing for the Case

David Dickens and John C. Fisher, Eugene, filed the briefs, for appellant.

Benjamin Davis Grote, Enterprise, filed the brief, pro se.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff appeals the amount of attorney fees awarded to him. The issue is whether a trial court has the authority, under ORCP 68 C, to award attorney fees in an amount less than that requested in the absence of a timely objection to the fee request.

Plaintiff prevailed in an action against Grote (defendant) for breach of warranty. Plaintiff then submitted a timely petition for attorney fees in the amount of $6,555.36. Defendant...

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