Opinion
TC 76-5088, CA 11611, SC 26206
Submitted on petition for review May 1, 1979
Remanded June 12, 1979
In Banc
On Review from Court of Appeals.
Appeal from Circuit Court, Lane County. 39 Or. App. 423, 592 P.2d 576 (1979).
Submitted on Petition for Review May 1, 1979.
Remanded.
Robert B. Dugdale and E.B. Sahlstrom Law Offices, Eugene, for petitioner.
Jack A. Billings and Diment, Jagger Billings, Eugene, contra.
MEMORANDUM OPINION.
The opinion of the Court of Appeals, 39 Or. App. 423, 592 P.2d 576 (1979) states (at 429, n. 2):
"In the `Summary of Argument' section of his brief, father [petitioner here] complains about the trial court's award of costs and attorney fees to mother. He does not, however, make any assignment of error on those issues. We therefore conclude those issues are not properly before us."
In so holding, the Court of Appeals apparently overlooked Rule 7.20 of the Supreme Court and Court of Appeals Rules of Procedure, which states that "[a]ssignments of error are not required in equity appeals * * *."
This case is therefore remanded to the Court of Appeals for reconsideration of the issue of the trial court's award of costs and attorney fees.
Remanded.