In re Kerr, A172901

CourtCourt of Appeals of Oregon
Writing for the CourtPER CURIAM.
Citation310 Or.App. 695,485 P.3d 315 (Mem)
Parties In the MATTER OF the MARRIAGE OF Robert Alan KERR, Petitioner-Appellant, and Deborah Beth Kerr, Respondent-Respondent, and Jenna Michelle Kerr, A Statutory Party.
Decision Date14 April 2021
Docket NumberA172901

310 Or.App. 695
485 P.3d 315 (Mem)

In the MATTER OF the MARRIAGE OF Robert Alan KERR, Petitioner-Appellant,
and
Deborah Beth Kerr, Respondent-Respondent,
and
Jenna Michelle Kerr, A Statutory Party.

A172901

Court of Appeals of Oregon.

Argued and submitted March 19, 2021.
April 14, 2021


Robert A. Kerr argued the cause pro se. Also on the briefs was Kerr Law Office P.C.

Peter Bunch, Portland, argued the cause for respondent. Also on the brief was The Law Firm of Peter Bunch, LLC.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

PER CURIAM

310 Or.App. 696

In this case involving a dissolution of a long-term marriage, husband appeals the general judgment dissolving the parties’ marriage and a supplemental judgment granting wife's request that husband pay her attorney fees. We affirm.

Husband requests that we review de novo but has not persuaded us that we should exercise our discretion to do so. See Johnson and Johnson , 309 Or. App. 682, 688, 483 P.3d 1174 (2021) (citing ORS 19.415(3)(b) (granting us "sole discretion" to review de novo ) and ORAP 5.40(8)(c) (explaining that we will exercise our discretion to review de novo in "exceptional cases" only)). That, it turns out, is largely dispositive of this appeal.

With respect to the general judgment, husband contends that the trial court erred in awarding indefinite maintenance support to wife, asserting that an award of limited duration would have been more appropriate. Relatedly, he asserts that the court erred in requiring him to maintain indefinitely a life insurance policy for wife's benefit to ensure that the purpose of the indefinite award of spousal support is met in the event of husband's death. Absent a decision to review de novo , we examine the trial court's spousal support and life insurance determinations for abuse of discretion. Boatfield and Boatfield , 297 Or. App. 716, 720, 447 P.3d 35 (2019) ; Berg and Berg , 250 Or. App. 1, 5, 279 P.3d 286 (2012). The standard is deferential: We "will not disturb a trial court's determination unless the court misapplied the statutory and...

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1 practice notes
  • State v. Gomez, A172493
    • United States
    • Court of Appeals of Oregon
    • April 14, 2021
    ...But the record is silent as to what role, if any, the presence or absence of a unanimity requirement may have played in defendant's 485 P.3d 315 decision to waive jury and, consequently, is insufficient to allow for meaningful review of defendant's claim that his waiver was essentially comp......
1 cases
  • State v. Gomez, A172493
    • United States
    • Court of Appeals of Oregon
    • April 14, 2021
    ...But the record is silent as to what role, if any, the presence or absence of a unanimity requirement may have played in defendant's 485 P.3d 315 decision to waive jury and, consequently, is insufficient to allow for meaningful review of defendant's claim that his waiver was essentially comp......

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