CRANDON CAPITAL PARTNERS, derivatively on behalf of Willamette Industries, a nominal defendant, Appellant,
v.
Stuart J. SHELK, Jr.; Paul N. McCracken; Michael G. Thorne; Gerard K. Drummond; Kenneth W. Hergenhan; Robert M. Smelick; Benjamin R. Whiteley; Winslow H. Buxton; G. Joseph Prendergast; William Swindells; and Duane C. McDougall, Defendants, and
Willamette Industries, Inc., Respondent.
Rae Ann Brown, derivatively on behalf of Willamette Industries, a nominal defendant, Appellant,
v.
Willamette Industries, Inc., Respondent, and
William Swindells; Duane C. McDougall; Gerard K. Drummond; Paul N. McCracken; Stuart J. Shelk, Jr.; Michael G. Thorne; Kenneth W. Hergenhan; Robert M. Smelick; Benjamin R. Whiteley; Winslow H. Buxton; and G. Joseph Prendergast, Defendants.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted July 8, 2005.
Decided November 16, 2005.
Attorney(s) appearing for the Case
Michael J. Barry, Wilmington, and A. Rick Atwood, Jr., San Diego, CA, argued the cause for appellants. On the opening brief were Gary M. Berne and Stoll Stoll Berne Lokting & Shlachter P.C., and Justine Fischer and Law Offices of Justine Fischer, and Edwin A. Harnden and Barran Liebman LLP, Portland. With them on the reply brief was Scott A. Shorr, Portland.
John F. Neupert, Portland, argued the cause for respondent. With him on the briefs were Bruce L. Campbell and Miller Nash LLP.
Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.
Court of Appeals of Oregon.
HASELTON, P.J.
Plaintiffs appeal the trial court's judgment denying attorney fees in this corporate derivative suit. Defendant1 raises several cross-assignments of error, arguing, in part, that, because the merits of the underlying dispute had become moot before the trial court addressed plaintiffs' asserted entitlement to fees, the trial court lacked jurisdiction to enter any judgment other than a judgment of dismissal. We agree with...
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