MATTER OF THE MARRIAGE OF COPENHAVER, 69 Or. App. 333 (1984)

687 P.2d 1086

In the Matter of the Marriage of COPENHAVER, Appellant — Cross-Respondent, and COPENHAVER, Respondent — Cross-Appellant.

81608; CA A29466Oregon Court of Appeals.Argued and submitted July 9, 1984
Remanded for further proceedings August 1, 1984

Appeal from Circuit Court, Klamath County.

Richard C. Beesley, Judge.

James K. Belknap, Portland, argued the cause and filed the briefs for appellant — cross-respondent.

Jack L. Kennedy, Portland, argued the cause for respondent — cross-appellant. With him on the brief were Susan E. Watts and Kennedy, King, Zimmer O’Malley, Portland.

Before Gillette, Presiding Judge, Joseph, Chief Judge, and Buttler, Judge.

PER CURIAM

Remanded for further proceedings; costs to neither party.

Page 334

PER CURIAM

This is a dissolution of marriage case. Husband is a circuit court judge. His financial circumstances — and, thus, the merits of this case — may have been significantly altered by an enactment of Or Laws 1983, ch 770, but it is not possible on this record to determine just what the effect of that measure is. This is, therefore, the rare case in which, in order to do justice between the parties, remand is necessary. See Sands and Sands, 64 Or. App. 570, 669 P.2d 358 (1983).

Remanded for further proceedings. Costs to neither party.

Page 335