In re the Marriage of Adamson

Court of Appeals of Oregon

In re the Marriage of Adamson

80 P.3d 543, 191 Or. App. 129, 2003 Ore. App. LEXIS 1628

CourtCourt of Appeals of Oregon

DecidedNovember 26, 2003

Docket9903-62714; A118091

StatusPublished

This text of 80 P.3d 543 (In re the Marriage of Adamson) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Marriage of Adamson, 80 P.3d 543, 191 Or. App. 129, 2003 Ore. App. LEXIS 1628 (Or. Ct. App. 2003).

Pincite

Opinion

PER CURIAM

Father appeals from the trial court’s order denying his motion to modify child support and its judgment awarding mother attorney fees for opposing the motion. The only assignment of error that merits discussion involves the trial court’s failure to make findings of fact and conclusions of law on the attorney fee issue.

ORCP 68 C(4)(e) provides that, at the request of a party, “the court shall make special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees.” (Emphasis added.) The rule, thus, creates a mandatory duty with which the trial court must comply. Father properly requested findings and conclusions, but the trial court awarded attorney fees to mother without making them. We therefore vacate the award of attorney fees and remand to the trial court so that it may enter a new order that includes appropriate findings of fact and conclusions of law.

Judgment awarding attorney fees vacated and remanded; otherwise affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

Father appeals from the trial court’s order denying his motion to modify child support and its judgment awarding mother attorney fees for opposing the motion. The only assignment of error that merits discussion involves the trial court’s failure to make findings of fact and conclusions of law on the attorney fee issue.

ORCP 68 C(4)(e) provides that, at the request of a party, “the court shall make special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees.” (Emphasis added.) The rule, thus, creates a mandatory duty with which the trial court must comply. Father properly requested findings and conclusions, but the trial court awarded attorney fees to mother without making them. We therefore vacate the award of attorney fees and remand to the trial court so that it may enter a new order that includes appropriate findings of fact and conclusions of law.

Judgment awarding attorney fees vacated and remanded; otherwise affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

80 P.3d 543, 191 Or. App. 129, 2003 Ore. App. LEXIS 1628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-adamson-orctapp-2003.