Opinion
87P-2750; CA A48386
Argued and submitted December 2, 1988
Affirmed as modified March 1, 1989
Appeal from the Circuit Court, Polk County, William M. Horner, Judge pro tempore.
Stephen F. Mannenbach, Dallas, argued the cause for appellant. With him on the brief were Shetterly, Irick, Shetterly Mannenbach, Dallas.
No appearance for respondent.
Before Joseph, Chief Judge, and Rossman and Graber, Judges.
PER CURIAM
Judgment modified to delete award of attorney fees; affirmed as modified. Costs to neither party.
Husband appeals from a dissolution judgment, raising four issues: (1) custody, (2) visitation, (3) attorney fees and (4) the tax exemption for the parties' minor child. We agree with husband that the trial court erred in awarding wife attorney fees. There was no stipulation between the parties regarding fees, and wife presented no evidence. In those circumstances, attorney fees cannot be awarded. Whitlow and Whitlow, 79 Or. App. 555, 719 P.2d 1308 (1986).
We affirm in all other respects.
Judgment modified to delete award of attorney fees; affirmed as modified. Costs to neither party.