Marriage of Bohn, In re, 78-1874-E-2

• Decision Date: 07 April 1980
• Docket Number: No. 78-1874-E-2,78-1874-E-2
• Citation: 45 Or.App. 623,609 P.2d 390
• Parties: In the Matter of the MARRIAGE OF Darrell Wayne BOHN, Appellant, and Cynthia Ann Bohn, Respondent. ; CA 14999.
• Court: Oregon Court of Appeals

Page 390

609 P.2d 390

45 Or.App. 623

In the Matter of the MARRIAGE OF Darrell Wayne BOHN, Appellant, and Cynthia Ann Bohn, Respondent.

No. 78-1874-E-2; CA 14999.

Court of Appeals of Oregon.

Submitted on Remand from Oregon Supreme Court, March 13, 1980. Decided April 7, 1980.

William G. Carter, Medford, argued the cause for defendant. With him on the brief was Grant, Ferguson & Carter, Medford.

Robert F. Webber, Medford, argued the cause and filed the brief for respondent.

Before JOSEPH, P. J., RICHARDSON, J., and SCHWAB, C. J. ^*

RICHARDSON, Judge.

In our decision in this case we held that joint custody of the parties' child as specified in the decree was not in the best interest of the child and modified the decree by awarding permanent custody to the father. Bohn and Bohn, 43 Or.App. 561, 603 P.2d 781 (1979). The Supreme Court allowed the petition for review and stated:

"* * * The Court of Appeals, after finding that joint custody was unsatisfactory, should have remanded the proceeding to the trial court for further testimony." 288 Or. 697, 699, 607 P.2d 1375 (1980).

The case is remanded to the trial court for further evidence on the issue of the permanent custody of the child.

Remanded with instructions.

* SCHWAB, C. J., vice LEE, J., deceased.