Opinion
CV950714; CA A91109
Argued and submitted April 16, 1997.
Affirmed on appeal; reversed and remanded for reconsideration on cross-appeal June 11, 1997.
Appeal from the Circuit Court, Umatilla County, Richard J. Courson, Judge.
Paul B. Meadowbrook argued the cause for appellant -cross-respondent. With him on the briefs was Patrick Meadowbrook.
Robert Norman Ehmann argued the cause and filed the brief for respondent — cross-appellant.
Before Riggs, Presiding Judge, and Landau and Leeson, Judges.
PER CURIAM
Affirmed on appeal; reversed and remanded for reconsideration of attorney fees on cross-appeal.
This case concerns a summary judgment in favor of defendant Kerns on plaintiff's claims of trespass and interference with economic relations. We affirm on plaintiff's appeal without discussion.
Defendant Kerns cross-appeals, assigning as error the trial court's denial of sanctions, including attorney fees, pursuant to ORCP 17 C. The trial court denied defendant's motion for sanctions without making any factual findings on this issue. Both plaintiff and defendant agree that such findings are required. Polizos v. Skoro, 129 Or. App. 51, 55-56, 877 P.2d 662, rev den 320 Or. 271 (1994); Plere Publishers, Inc. v. Capital Cities/ABC, Inc., 120 Or. App. 36, 38-39, 852 P.2d 261, rev den 317 Or. 583 (1993).
Affirmed on appeal; reversed and remanded for reconsideration of attorney fees on cross-appeal.