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Burns and Burns

Oregon Court of Appeals
Jul 17, 1991
816 P.2d 695 (Or. Ct. App. 1991)

Opinion

88-3480; CA A65331

Filed July 17, 1991

Appeal from Circuit Court, Columbia County.

James A. Mason, Judge.

Michael A. Yates, Mark A. Johnson and Gevurtz, Menashe, Hergert, Larson Kurshner, P.C., Portland, for petition.

Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Deits, Judge.

Joseph, C.J., vice Newman, J.

PER CURIAM

Petition for reconsideration allowed; former opinion modified and adhered to as modified.


Husband petitions for review of our opinion. 107 Or. App. 167, 811 P.2d 654 (1991). We treat the petition as a petition for reconsideration and allow it. ORAP 9.15.

Husband contends that this portion of our opinion is inappropriate with respect to prejudgment interest:

"A money judgment against husband in the amount of $12,500, plus interest at a rate of 9 percent per annum from date of trial, to be paid in full before June 8, 1997, with monthly installments of a minimum of $285 beginning on June 8, 1992." 107 Or App at 171.

We agree. The opinion is modified, as husband requests, to allow interest only from the date of the entry of the trial court judgment. We delete the quoted language and substitute the following:

"A money judgment against husband in the amount of $12,500, plus interest at a rate of 9 percent per annum from the date of the entry of the trial court judgment, to be paid in full before May 11, 1997, with monthly installments of a minimum of $285 beginning on May 11, 1992."

Petition for reconsideration allowed; former opinion modified and adhered to as modified.


Summaries of

Burns and Burns

Oregon Court of Appeals
Jul 17, 1991
816 P.2d 695 (Or. Ct. App. 1991)
Case details for

Burns and Burns

Case Details

Full title:In the Matter of the Marriage of Vonetta Ruth BURNS, Respondent, and…

Court:Oregon Court of Appeals

Date published: Jul 17, 1991

Citations

816 P.2d 695 (Or. Ct. App. 1991)
816 P.2d 695