Marriage of Jones, In re
Jurisdiction | Oregon |
Parties | In the Matter of the MARRIAGE OF Linda Jean JONES, Respondent, and Thomas Douglas Jones, Appellant, and Thomas Douglas Jones, Trustee of the Anna Mae and David H. Jones Testamentary Trust B and the Thomas and Linda Jones Revocable Family Trust, Third-Party Respondent-Appellant, and Esther Mae Jones, a child attending school, ORS 107.108(4), Respondent. A92957. |
Citation | 159 Or.App. 377,981 P.2d 338 |
Docket Number | No. CA,CA |
Court | Oregon Court of Appeals |
Decision Date | 31 March 1999 |
Russell Lipetzky for petition.
No appearance contra.
Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.
Wife petitions for reconsideration of our decision in this dissolution of marriage action. Jones and Jones, 158 Or.App. 41, 973 P.2d 361 (1999). 1
We allow reconsideration and adhere to our opinion.
We will not repeat at length the facts or the analysis that are set out in our original opinion. For purposes of the present exercise, it is sufficient to note that, in that opinion, we agreed in some measure with husband's argument that the trial court did not have the authority, in structuring the property division, to order direct disposition of the assets of a trust of which husband was the trustee. 2 Consequently, we modified the judgment by replacing the trial court's disposition of that kind with a money judgment that was owable from husband individually to wife. Further, we required that a portion of that judgment, approximately equal in amount to the value of the trust properties that the trial court had disposed of directly, was to be paid to wife within 30 days.
The appeal was submitted to us on the record and briefs on August 29, 1997. In petitioning for reconsideration, wife surmises that, in our decision on the appeal, "this court was obviously operating under the mistaken belief that [husband] remains the trustee." Wife informs us that, contrary to that belief, husband was removed and a successor trustee was appointed on October 21, 1996, in a trust accounting proceeding that is unconnected to this action. The order was entered in that proceeding after the trial court entered its judgment in this case, but before the last brief in this appeal--husband's reply brief--was filed.
Wife states in her petition that, given our misunderstanding:
Wife is correct that, during its consideration of this appeal, it was the understanding of the panel of this court that considered the case that husband had been and remained the trustee of the trust at all relevant times. The briefs of both parties and the trial court record that was under review were uniformly to that effect. Indeed, wife's brief, which was filed two months after husband's removal from the position, depends in part on his continuing status as trustee for her arguments that husband was properly joined in both that capacity and...
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