Opinion
16-83-06166; CA A34501
Argued and submitted July 12, 1985
Judgment amended July 24, 1985
Appeal from Circuit Court, Lane County.
Edwin E. Allen, Judge.
Bill Martin, Eugene, argued the cause for appellant. On the brief were Thomas B. Russell and Gleaves Swearingen Larsen Potter, Eugene.
Paul Silver, Portland, argued the cause and filed the brief for respondent.
Before Gillette, Presiding Judge, Joseph, Chief Judge, and Young, Judge.
PER CURIAM
Judgment amended by deleting award of attorney fees in the amount of $9,733.50 payable by plaintiff to Fairchild Concrete.
The trial court erred in refusing to grant plaintiff's motion to strike third-party defendant Fairchild Concrete's claim for attorney fees and in awarding judgment for those fees as a part of Fairchild Concrete's cost bill. Parkhurst v. Faessler, 62 Or. App. 539, 661 P.2d 571 (1983); but see Golden West Insulation v. Stardust Investment Co., 47 Or. App. 493, 615 P.2d 1048 (1980).
Pursuant to our authority under Or Const, Art VII (Amended), § 3, the judgment dated December 18, 1984, is amended by deleting therefrom the award of attorney fees in the amount of $9,733.50 payable by plaintiff to Fairchild Concrete.