SMALL v. UMATILLA COUNTY

PER CURIAM

This case concerns a summary judgment in favor of defendant Kerns on plaintiff's claims of trespass and interference with economic relations. We affirm on plaintiff's appeal without discussion.

Defendant Kerns cross-appeals, assigning as error the trial court's denial of sanctions, including attorney fees, pursuant to ORCP 17 C. The trial court denied defendant's motion for sanctions without making any factual findings on this issue. Both plaintiff and defendant agree that such findings are required. Polizos v. Skoro, 129 Or. App. 51, 55-56, 877 P.2d 662, rev den 320 Or. 271 (1994); Plere Publishers, Inc. v. Capital Cities/ABC, Inc., 120 Or. App. 36, 38-39, 852 P.2d 261, rev den 317 Or. 583 (1993).

Affirmed on appeal; reversed and remanded for reconsideration of attorney fees on cross-appeal.