MATTER OF THE MARRIAGE OF REX

Full title: In the Matter of the Marriage of REX, Respondent, and REX, Appellant

Court: Oregon Court of Appeals

Date published: Dec 14, 1983

66 Or. App. 191 (Or. Ct. App. 1983)

66 Or. App. 191

669 P.2d 387

Opinion

672 P.2d 1252 (Or.App. 1983) 66 Or.App. 191 In the Matter of the MARRIAGE OF Mary REX, Respondent, and John Rex, Appellant. No. 405-891; CA A24886. Court of Appeals of Oregon. December 14, 1983

Submitted on Appellant's Petition for Reconsideration Oct. 26, 1983.

J. Michael Alexander, and Burt, Swanson, Lathen, Alexander & McCann, Salem, for petition.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

[66 Or.App. 192] PER CURIAM.

We grant appellant's petition for reconsideration for the sole purpose of correcting our designation of the prevailing party. In this modification proceeding, we reviewed a decree which substantially increased husband's child support obligation. On the basis of an application of the formula in Smith v. Smith, 290 Or. 675, 626 P.2d 342 (1981), we modified the decree to provide for a smaller increase. 64 Or.App. 726, 669 P.2d 387. We then erroneously declared wife the prevailing party and awarded her costs. Husband correctly asserts that our reduction of his modified support obligation means that he actually prevailed on appeal. Accordingly, we designate appellant as the prevailing party. However, no costs are awarded to either party. The original opinion is adhered to in all other respects.

Petition for reconsideration allowed; costs sheet modified to designate appellant as prevailing party, no costs to either party of the appeal or on the petition.