Rhodes and Rhodes

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

Court: Oregon Court of Appeals

Date published: Mar 22, 1989

770 P.2d 615 (Or. Ct. App. 1989)

770 P.2d 615

Opinion

CV87-0623; CA A48985

Argued and submitted January 27, 1989

Affirmed March 22, 1989

Appeal from the Circuit Court, Benton County, Jackson L. Frost, Judge.

Larry W. Stuber, Corvallis, argued the cause for appellant. With him on the brief were Patrick L. Hadlock, Robert G. Ringo and Ringo Stuber, P.C., Corvallis.

Steven P. Allen, Corvallis, argued the cause and filed the brief for respondent.

Before Joseph, Chief Judge, and Riggs and Edmonds, Judges.

PER CURIAM

Affirmed. No costs to either party.

Edmonds, J., dissenting.

PER CURIAM

Even on de novo review, the burden is on the appellant to demonstrate that the trial court erred. McCoy and McCoy, 28 Or. App. 919, 562 P.2d 207 (1977). Appellant has not met that burden, and the judgment of the trial court is affirmed.

Affirmed. No costs to either party.

EDMONDS, J., dissenting.

On de novo review, I would delete the award of permanent spousal support.