Defendants answered, alleging 15 affirmative defenses and 5 counterclaims, including a claim by Sanford and Guite for attorney fees as a sanction against plaintiff for filing frivolous claims.
Plaintiff dismissed its fraud claim before trial and, during trial, it withdrew its request for the 0 penalty under ORS 30.700.
(AAA), entered into a contract for the sale of 20,000 Christmas tree stands for ,000.
(plaintiff), assigning error only to the trial court's disposition of the parties' claims for costs and attorney fees. Plaintiff and defendant AAA Liquidation and Auction Services, Inc.
Michael Mroczek - Co-Auctioneer Michael Lawrence Mroczek specializes in Northwest Modern Art, including paintings and sculptures from 1930 to present, as well as American studio ceramics and glass.
Michael was born into the auction business, with his father, Lawrence Mroczek, leading the family-run company.
Plaintiff also alleged fraud claims against Sanford and AAA's owner, defendant Guite.
It included a prayer for attorney fees under ORS 20.090 and for a statutory penalty of 0 under ORS 30.700 against AAA for stopping payment on the check.
We here at MBA have always done our very best for our clients and we maintain a strong integrity for our business.
The court entered a supplemental judgment overruling defendants' objections to plaintiff's cost bill and awarding costs and disbursements to plaintiff. Accordingly, AAA is the "prevailing party" if it is "the party in whose favor final judgment or decree is rendered." ORS 20.096(5). In this case, the jury found that, although plaintiff had established a breach of the agreement, it had not established any damages. Finally, defendants assign error to the trial court's finding that plaintiff's claims had not been filed in "bad faith, wantonly or solely for oppressive reasons." ORS 20.105; Mattiza v. After reviewing the record below, we conclude that there is evidence to support the trial court's finding that plaintiff's claims were not frivolous. Reversed and remanded for determination of costs and attorney fees for AAA; otherwise affirmed.
On appeal, AAA assigns error to the trial court's failure to award it attorney fees under ORS 20.090. In a breach of contract case, the plaintiff is entitled to judgment if it recovers damages under the contract; if the plaintiff "takes nothing on account of the transaction," defendant is entitled to judgment. On the basis of that verdict, the trial court also found that AAA was the "prevailing party" under ORS 20.090. The trial court erred in failing to award AAA reasonable attorney fees. Defendant Guite assigns error to the trial court's failure to award him costs under ORCP 54 A as a prevailing party on the fraud claim.
At the age of 26 Larry co-founded MBA Auctions in 1977 and has been running it ever since.
Lawrence always had a passion for fine objects and artworks beginning his focus on traditional northwest art.