Find Court Cases > A97713 Warnock and Warnock

A97713 Warnock and Warnock

Case Date: 07/22/1998
Docket No: 96-30405

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FILED: July 22, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Marriage of

PATRICIA ANNE WARNOCK,

Respondent,

and

PAUL SPENCER WARNOCK,

Appellant.

(96-30405; CA A97713)

Appeal from Circuit Court, Benton County.

Frank D. Knight, Judge.

On respondent's Petition for Reconsideration (Attorney Fees on Appeal) ORAP 6.25 filed May 11, 1998. Former decision filed April 29, 1998. 153 Or App 703, P2d (1998).

John L. Barlow for petition.

Hilary E. Berkman, contra.

Before De Muniz, Presiding Judge, and Haselton and Linder, Judges.

PER CURIAM

Reconsideration allowed; phrase "not including attorney fees" deleted from disposition.

PER CURIAM

We affirmed this case without opinion, 153 Or App 703, P2d (1998), and wife has petitioned for reconsideration of our award of "costs, not including attorney fees" to her. We allow the petition and delete the phrase "not including attorney fees." Request for attorney fees must now be made by motion to this court following the decision on the merits. McCarthy v. Oregon Freeze Dry, 327 Or 84,   P2d   , on recon 327 Or 185, P2d (1998); Short and Short, 155 Or App 5, P2d (1998).

Reconsideration allowed; phrase "not including attorney fees" deleted from disposition.