In re the Marriage of Burns

Court of Appeals of Oregon
In re the Marriage of Burns, 108 Or. App. 568 (1991)
816 P.2d 695; 1991 Ore. App. LEXIS 1441
Deits, Joseph, Richardson

In re the Marriage of Burns

Opinion of the Court

PER CURIAM

Husband petitions for review of our opinion. 107 Or App 167, 811 P2d 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.

Reference

Full Case Name
In the Matter of the Marriage of Vonetta Ruth BURNS, and Russell Lee BURNS
Cited By
2 cases
Status
Published