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Verburg v. Verburg

495 P.2d 35, 8 Or. App. 524, 1972 Ore. App. LEXIS 1124
CourtCourt of Appeals of Oregon
DecidedMarch 23, 1972
Docket65193
StatusPublished
Cited by10 cases

This text of 495 P.2d 35 (Verburg v. Verburg) 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
Verburg v. Verburg, 495 P.2d 35, 8 Or. App. 524, 1972 Ore. App. LEXIS 1124 (Or. Ct. App. 1972).

Opinion

PER CURIAM.

This is an appeal from an order of the circuit court modifying a decree of divorce by reducing the alimony provision in the divorce decree. The divorce decree was entered in June of 1967. In June of 1969 the matter came before the same trial judge who granted the divorce decree on defendant’s motion for an order eliminating the alimony provision. The motion was denied and neither party appealed.

In August of 1971, the defendant again sought an order modifying the decree with respect to alimony. This motion was heard by a different trial judge. His order reducing (but not eliminating) the required alimony payments gives rise to this appeal. In so doing he relied upon events which had occurred prior to the 1969 hearing. This he had no authority to do.

Absent an appeal the order resulting from the 1969 hearing was final. The discretionary power of the trial judge in the instant hearing was limited to a consideration of any change of circumstances subsequent to the 1969 hearing. There were none.

Reversed.

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Related

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662 P.2d 795 (Court of Appeals of Oregon, 1983)
In re the Marriage of McDonnal
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Harder v. Harder
552 P.2d 852 (Court of Appeals of Oregon, 1976)
In re the Dissolution of the Marriage of Frothingham
537 P.2d 1174 (Court of Appeals of Oregon, 1975)
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515 P.2d 427 (Court of Appeals of Oregon, 1973)
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Osterholme v. Osterholme
508 P.2d 824 (Court of Appeals of Oregon, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
495 P.2d 35, 8 Or. App. 524, 1972 Ore. App. LEXIS 1124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verburg-v-verburg-orctapp-1972.