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Thompson v. Long

Oregon Court of Appeals
Oct 10, 1990
798 P.2d 729 (Or. Ct. App. 1990)

Opinion

89-1372-L; CA A63655

Argued and submitted July 30, 1990

Award of attorney fees vacated; otherwise affirmed October 10, 1990

Appeal from District Court, Jackson County.

Ross G. Davis, Judge.

Doug S. Gard, Medford, argued the cause for appellant. With him on the brief was Center for Nonprofit Legal Services, Inc., Medford.

Steven P. Pickens, Medford, waived appearance for respondent.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.


PER CURIAM

Award of attorney fees vacated; otherwise affirmed.


In this FED action, the trial court entered a judgment for plaintiff and granted his request for reasonable attorney fees. Defendant appeals and argues that the award of attorney fees was error. We vacate the award.

A party claiming attorney fees must serve "a verified and detailed statement of the amount of attorney fees[.]" ORCP 68C(4)(a)(i). "Detailed" means "marked by abundant detail or by thoroughness in treating small items or parts." Parker v. Scharbach, 75 Or. App. 530, 707 P.2d 85 (1985). The affidavit in support of the fees provides:

"That my hourly fee for this type of matter is $100. That I have spent a total of eight (8) hours investigating, researching, preparing and filing the Complaint, filing the Amended Complaint, preparing for trial, and trial. That the sum of $800 is a reasonable fee for the work done herein."

Defendant argues that the affidavit is insufficient to support the award. We agree. The affidavit does not constitute the detailed statement required by the rule. It fails to itemize the time devoted to the services rendered and does not assist the court in determining if those services were reasonable. As we stated in State v. Grandy, 52 Or. App. 15, 19, 627 P.2d 895 (1981):

"A mere summation in totaling of hours spent on a case will not suffice to support a petition for attorney fees."

Award of attorney fees vacated; otherwise affirmed.


Summaries of

Thompson v. Long

Oregon Court of Appeals
Oct 10, 1990
798 P.2d 729 (Or. Ct. App. 1990)
Case details for

Thompson v. Long

Case Details

Full title:Charles E. THOMPSON, dba Dardanelle Trailer Park, Respondent, v. Allyson…

Court:Oregon Court of Appeals

Date published: Oct 10, 1990

Citations

798 P.2d 729 (Or. Ct. App. 1990)
798 P.2d 729

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