State ex rel. Taylor v. Greene

Court of Appeals of Oregon

State ex rel. Taylor v. Greene

957 P.2d 593, 153 Or. App. 619, 1998 Ore. App. LEXIS 559

CourtCourt of Appeals of Oregon

DecidedApril 22, 1998

Docket92C-30096; CA A97372

StatusPublished

This text of 957 P.2d 593 (State ex rel. Taylor v. Greene) 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

State ex rel. Taylor v. Greene, 957 P.2d 593, 153 Or. App. 619, 1998 Ore. App. LEXIS 559 (Or. Ct. App. 1998).

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Opinion

PER CURIAM

Defendant appeals a judgment finding him in contempt for wilfully failing to pay child support.

On appeal, the state concedes that, during part of the time that the trial court considered in determining that there was wilful failure to pay, defendant was under no obligation to pay. The state argues that we should nevertheless affirm because other periods of time would support the judgment. Because we cannot tell whether the trial court would enter the same judgment if it excluded the time when defendant was not obligated to pay, we decline to do so.

Reversed and remanded for reconsideration.

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PER CURIAM

Defendant appeals a judgment finding him in contempt for wilfully failing to pay child support.

On appeal, the state concedes that, during part of the time that the trial court considered in determining that there was wilful failure to pay, defendant was under no obligation to pay. The state argues that we should nevertheless affirm because other periods of time would support the judgment. Because we cannot tell whether the trial court would enter the same judgment if it excluded the time when defendant was not obligated to pay, we decline to do so.

Reversed and remanded for reconsideration.

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Bluebook (online)

957 P.2d 593, 153 Or. App. 619, 1998 Ore. App. LEXIS 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-taylor-v-greene-orctapp-1998.