DEPARTMENT OF REVENUE v. SCHOOFF, 90 Or. App. 430 (1988)

752 P.2d 353

DEPARTMENT OF REVENUE, Respondent, v. SCHOOFF et al, Appellants.

85-0752-C; CA A44300Oregon Court of Appeals.Argued and submitted January 21, 1988
Reversed and remanded April 13, 1988

Appeal from Circuit Court, Washington County.

Donald C. Ashmanskas, Judge.

Richard L. Stradley, Hillsboro, argued the cause and filed the briefs for appellants.

Linda DeVries Grimms, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Reversed and remanded.

Page 431

PER CURIAM

Defendants appeal the decision of the trial court denying their motion for attorney fees. The trial court ruled that the motion was not timely. The state properly concedes that the motion was timely and that the merits of the motion should have been considered.

Reversed and remanded.

Page 432