Opinion
87-CV-213; CA A49864
Petition filed November 15, 1989
Petition denied January 31, 1990
Appeal from Circuit Court, Josephine County.
Beecher C. Ellison, Grants Pass, for petition.
Before Richardson, Presiding Judge, and Newman and Deits, Judges.
PER CURIAM
Petition denied.
After our decision in this case, Soga v. Zimmerman, 99 Or. App. 213, 781 P.2d 876 (1989), respondent has petitioned for attorney fees pursuant to ORS 20.105. He alleges: "The Defendant-Appellant, in taking the appeal, acted in bad faith or solely for oppressive reasons." We deny the petition.
In Tyler v. Hartford Insurance Group, 307 Or. 603, 771 P.2d 274 (1989), the court said that, although ORS 20.105 does not expressly require us to make findings on the record, we are required to do so to facilitate review of the award of attorney fees. In order for us to meet that requirement, the party seeking fees must demonstrate a factual basis for such findings. The petition for attorney fees contains only the conclusory statement quoted above and is insufficient for a determination under ORS 20.105. Compare Cooper v. Maresh, 100 Or. App. 293, 786 P.2d 220 (1990).
Petition denied.