IN MATTER OF MARRIAGE OF OWENS-KOENIG, A119612 (Or.App. 10-13-2004)

In the Matter of the Marriage of CHARLOTTE E. OWENS-KOENIG, Appellant, and PATRICK DELORE KOENIG, Respondent.

0111-73107; A119612.Oregon Court of Appeals.
Filed: October 13, 2004.

Appeal from Circuit court, Multnomah County. Katherine Tennyson, Judge.

On appellant’s petition for reconsideration filed August 12, 2004, respondent’s response to petition for reconsideration filed August 18, 2004, and appellant’s reply filed August 24, 2004. Opinion filed August 11, 2004. 194 Or App 573, 95 P3d 1152 (2004).

Margaret H. Leek Leiberan and Case Dusterhoff, LLP for petition.

Warren E. Allen and Warren Allen LLP for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

PER CURIAM.

Reconsideration allowed; former disposition modified to award wife judgment in amount of $74,343 against husband plus simple interest at rate of nine percent per annum, payable in full on or before 270 days from issuance of appellate judgment in this case but no later than January 1, 2006; interest shall accrue from June 19, 2003, but shall not be payable until principal balance is due; otherwise affirmed.

PER CURIAM.

Wife petitions for reconsideration of our opinion in Owens-Koenig and Koenig, 194 Or App 573, 95 P3d 1152 (2004), urging us to change the date that the judgment against husband is payable and the date from which interest on that judgment shall accrue. For reasons that would be of no interest or use to the bench, bar or general public, we grant the petition and modify the disposition.

Reconsideration allowed; former disposition modified to award wife judgment in amount of $74,343 against husband plus simple interest at rate of nine percent per annum, payable in full on or before 270 days from issuance of appellate judgment in this case but no later than January 1, 2006; interest shall accrue from June 19, 2003, but shall not be payable until principal balance is due; otherwise affirmed.