In the Matter of Marriage of Hixson

232 P.3d 996, 235 Or. App. 570, 2010 Ore. App. LEXIS 614

• Court: Court of Appeals of Oregon
• Decided: June 9, 2010
• Docket: 0530571; A136730
• Status: Published

Opinion

PER CURIAM

Wife has filed a petition for reconsideration of our opinion in this marital dissolution case, requesting clarification of our disposition. The dissolution judgment awarded wife an equalizing judgment of $25,777. In our previous opinion, 235 Or App 217, 230 P3d 946 (2010), we ordered a modification of the property division to provide wife with an additional $140,800, as wife’s just and proper share of the marital appreciation of husband’s veterinary clinic. Our disposition stated: “Dissolution judgment modified to award wife an additional $140,800, to be paid in monthly installments over 10 years; otherwise affirmed.”

In her petition for reconsideration, wife notes that, in his reply brief, husband conceded that wife was entitled an equal share of the after-tax balance of his profit-sharing account, $29,384, and that the judgment should be revised accordingly. Wife inquires whether this court also intends for husband to pay that amount in addition to the original equalizing judgment of $25,777 and the additional $140,800 awarded in our disposition. We conclude that the current disposition reflects a just and proper division of the marital property and adhere to it. Thus, the total equalizing judgment is $166,577, to be paid in monthly installments over 10 years.

Reconsideration allowed; opinion clarified and adhered to as clarified.