Ore. Court Awards Fees to Homeowners on Their Appeal

SALEM, Ore. - A couple who successfully sued a developer for their family's mold-related injuries is entitled to attorneys' fees for their defense of an appeal despite the developer's "temporary" success in having the trial court's fee award vacated, Oregon's Court of Appeals has ruled. Haynes, et al. v. Adair Homes, Inc., No. A129305 [No. CCV0211573, Clackamas Cty. Cir. Ct.] (Ore. Ct. App.).

The court said in its Sept. 30 opinion that Paul and Renee Haynes are entitled to fees as the prevailing party, ruling that the Court of Appeals' earlier decision to vacate the award and remand for reconsideration …