Court of Appeals of Oregon September 10, 2003, FED-02-01-059; A118023 (Oakleaf Mobile Home Park v. Mancilla)

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WOLLHEIM, J.

Defendant Anthony Mancilla appeals the trial court’s refusal to award costs and attorney fees under ORS 90.255. He argues that, because plaintiff voluntarily dismissed its forcible entry and detainer (FED) action against him, he is the prevailing party and is entitled to costs and attorney fees. We reverse and remand.