New Case Law – NO Attorney Fees in Denial of Petition for Review
The Oregon Supreme Court recently ruled in both Polacek and Polacek and Bolte and Bolte, family law cases which were both decided on December 2, 2010, that the court does not have the statutory authority to award fees to a party who has responded to a petition for review and where the court has denied the petition. The court explained that a denial of a petition for review is not a statement that the Court of Appeals was right or wrong. It can be very expensive to oppose a petition for review. I imagine this is an issue that the legislature will address.
