Opinion
Nos. 98-07-29902M; CA A103961.
Argued and submitted January 20, 2000.
Filed: February 9, 2000.
Appeal from Circuit Court, Malheur County, F.J. YRAGUEN, Judge.
Judgment for attorney fees of $475 vacated; otherwise affirmed.
Bob Pangburn argued the cause and filed the brief for appellant.
Susan L. Kanclier, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
HASELTON, Presiding Judge, and EDMONDS and WOLLHEIM, Judges.
The state acknowledges, and we agree, that the trial court's award of fees was erroneous under Petersen v. Cook, 164 Or. App. 240, ___ P.2d ___ (1999) , and Alexander v. Johnson, 164 Or. App. 235, ___ P.2d ___ (1999). We reject plaintiff's remaining arguments.
Judgment for attorney fees of $475 vacated; otherwise affirmed.