Arlene J. Hurtley v. Chad J. Hurtley

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 06-20-2018
  • Case #: A162096
  • Judge(s)/Court Below: DeHoog, P.J, Egan, C.J., Aoyagi, J.
  • Full Text Opinion

In interpreting the dissolution judgment, we seek to give effect to the intent of the trial court when it entered it. Neal and Neal, 181 Or App 361, 366, 45 P3d 1011 (2002).

Wife appealed supplemental judgment denying her request for a money award in the amount of $200,000 based on a divorce dissolution. Wife assigned error the denial of her request for the money award and for preclusion from modifying or clarifying the dissolution judgment. On Appeal, Wife argued that the trial court erred by determining that the trial court’s conclusion did not intend to award the Wife $200,000 when the husband took the title of the Ranch Property. In response, the Husband argued that a $200,000 money award contingent upon him taking the title of the Ranch property was not apart of the original dissolution agreement. In interpreting the dissolution judgment, we seek to give effect to the intent of the trial court when it entered it. Neal and Neal, 181 Or App 361, 366, 45 P3d 1011 (2002). The Court held that the trial court erred when it denied wife’s request for a supplemental judgment including the monetary award of $200,000. By denying wife’s motion for the $200,000 included in the dissolution judgment, it treats the request as meaningless. The supplemental judgment is reversed and therefore, the second assignment of error is not necessary.

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