Berry and Huffman, 251 OrApp 744 (2012)

Holding:   Where stipulated judgment of divorce provided that each party would pay his or her own attorney fees, attorney fees could not be awarded in action to enforce the stipulated judgment, this even though ORS 107.104 allows a court to enforce a stipulated judgment by imposing “any remedy” available for such enforcement.

1)   When construing a statute, courts seek to determine legislative intent. citing PGE v. BOLI. at p. 748.

2)   When construing a statute, “we examine the text, context, and, any useful legislative history to ascertain what the legislature most likely intended.” citing State v. Gaines. at p. 748.

3)   Courts are responsible for construing the statute correctly, even if neither party proffers the correct interpretation. at p. 748.

4)  Statement of committee counsel as to what the drafters of the bill intended is legitimate part of legislative history. at p. 750.

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