Opinion
Nos. 97-2092; CA A103154
Submitted on record and briefs November 5, 1999.
Filed: June 28, 2000
Appeal from Circuit Court, Clatsop County, Charles H. Turner, Judge Pro Tem.
Blair J. Henningsgaard, Astoria, for petition.
Before Edmonds, Presiding Judge, and Armstrong and Kistler, Judges.
On respondent's petition for reconsideration filed May 15, 2000. Opinion filed May 10, 2000. 167 Or. App. 162, 2 P.3d 929.
EDMONDS, P. J.
Reconsideration allowed; original opinion adhered to.
Defendant petitions for reconsideration of our opinion in this matter, Poddar v. Clatsop County, 167 Or. App. 162, 2 P.2d 929 (2000), arguing that we erred in designating plaintiff as the prevailing party. We grant reconsideration and adhere to our original opinion. Plaintiff was successful on appeal in obtaining the vacation of the supplemental judgment for attorney fees against him. However, we held that the trial court had authority to reconsider the issue of attorney fees on remand. Id. at 172. "The right to recover costs on appeal is governed by the result on appeal, not by whether the party seeking costs obtains a favorable final judgment." Akins v. Bucyrus-Erie Co., 118 Or. App. 471, 473, 848 P.2d 124 (1993). Thus, plaintiff is the prevailing party on appeal, regardless of the trial court's decision on remand.
Reconsideration allowed; original opinion adhered to.