Opinion
87-01-21, 356-L; CA A46889
Submitted on record and briefs September 30, 1989
Affirmed; motions for penalty and attorney fee denied October 26, 1989 Reconsideration denied December 9, 1988 Petition for review denied January 31, 1989 ( 307 Or. 340)
Appeal from the Circuit Court, Malheur County, F.J. Yraguen, Judge.
Virginia Dare Mattiza, Austin, Texas, filed the briefs pro se for appellant.
H. Clifford Looney, Butler Looney, P.C., Vale, filed the brief for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed; motions for penalty and attorney fee denied.
This is an action to impose a constructive trust on a gift made by plaintiff's ward to defendant on the ground that defendant had procured the gift by the exercise of undue influence. The trial court found for defendant and awarded attorney fees pursuant to ORS 20.105.
On the merits we affirm. We deny respondent's motions for a penalty, ORS 19.160, and an attorney fee on appeal, ORS 20.105.
Affirmed; motions for penalty and attorney fee denied.