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Regen v. Picture Book Properties and Investments, Inc.

Court of Appeals of Oregon

February 5, 2014

DENNIS REGEN and TAYLOR & TAYLOR REALTY CO., dba the Prudential Taylor & Taylor Realty Company, Plaintiffs-Respondents,
v.
PICTURE BOOK PROPERTIES AND INVESTMENTS, INC., an Oregon corporation, Defendant-Appellant and T. W. COWGILL; and ANTHONY JOHNSON, Plaintiffs,

Argued and Submitted January 8, 2014.

Lincoln County Circuit Court. 104230. Charles P. Littlehales, Judge.

R. Daniel Lindahl argued the cause for appellant. With him on the opening brief was Lindahl Law Firm, PC. With him on the amended opening and reply briefs was Lindahl Kaempf PC.

Paul B. Meadowbrook argued the cause for respondents. With him on the brief were William D. Brandt, Paul B. Meadowbrook, P.C., and William D. Brandt, P.C.

Before Sercombe, Presiding Judge, and Hadlock, Judge, and Tookey, Judge.

OPINION

[260 Or.App. 776] PER CURIAM

Defendant Picture Book Properties and Investments, Inc. (Picture Book) appeals the trial court's general judgment confirming an arbitration award, ORS 36.730(1)(c)(A), as well as the court's supplemental judgment awarding attorney fees to plaintiffs Dennis Regen (Regen) and Taylor & Taylor Realty Company (Taylor & Taylor), ORS 36.715(3).[1] We reject without discussion Picture Book's assertion that the trial court erred in confirming the arbitration award and that both the general and supplemental judgments should be reversed on that basis. Picture Book also contends that the supplemental judgment must be vacated and remanded because, although Picture Book requested that the trial court make special findings of fact and state its conclusions of law pursuant to ORCP 68 C(4)(e), the court failed to do so.[2] Under ORCP 68 C(4)(e), " [o]n the request of a party, the court shall make special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees." Regen and Taylor & Taylor concede that the case must be remanded for the trial court to make " explanatory factual findings and conclusions of law." We agree, accept the concession, and, accordingly, vacate and remand the supplemental judgment.

Supplemental judgment vacated and remanded; otherwise affirmed.


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