Lackey v. Lackey

Decision Date01 June 1977
Citation29 Or.App. 673,564 P.2d 293
PartiesJustine LACKEY, Respondent, v. Ronald L. LACKEY, Appellant.
CourtOregon Court of Appeals

Irvin D. Smith, Burns, argued the cause and filed the brief for appellant.

Constance C. Jarvis, Portland, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.

PER CURIAM.

This appeal arises out of a show-cause hearing in which the father unsuccessfully sought an order of court giving him custody of his three daughters, aged 11, 13 and 17.

We do not reach the merits. Pursuant to stipulation the trial judge interviewed the three girls without a record's being made of the interview. In Beelman v. Beelman, 227 Or. 556, 361 P.2d 663, 363 P.2d 561 (1961), and Schuyler v. Haggart, 224 Or. 530, 356 P.2d 955 (1960), the Supreme Court held that if the appellant in a divorce proceeding does not provide the appellate court with a transcript of a private interview conducted by the judge with a witness, then he has waived his right to trial de novo and the decree below must be affirmed. See also Nichols v. Nichols, 3 Or.App. 103, 471 P.2d 841 (1970), and Green v. Haugen, 1 Or.App. 1, 457 P.2d 655 (1969).

Affirmed. Costs to respondent.

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1 cases
  • Meader v. Meader
    • United States
    • Oregon Court of Appeals
    • June 30, 2004
    ...the parties' consent but neither the report nor a transcript of the interview was available to the court on appeal); Lackey v. Lackey, 29 Or.App. 673, 564 P.2d 293 (1977) (review de novo of a custody order was waived where the trial judge decided custody after interviewing the parties' chil......
1 books & journal articles
  • §8.14 Appeals
    • United States
    • Oregon State Bar Family Law in Oregon 2023 Ed. Chapter 8 Custody, Parenting Time, and Visitation
    • Invalid date
    ...Or 465 (1989) (father designated transcript from only one of two hearings as the record on appeal); Lackey v. Lackey, 29 Or App 673, 675, 564 P2d 293 (1977) (court refused to consider the merits of a custody case because no record was made of the judge's private interview with the children)......

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