MATTER OF THE MARRIAGE OF DeVILLE, 47 Or. App. 1155 (1980)

615 P.2d 1177

In the Matter of the Marriage of DeVILLE, Respondent, and DeVILLE, Appellant.

No. D 12 174, CA 15669Oregon Court of Appeals.
On appellant’s motion to recall mandate and to clarify an opinion; filed July 17, appellant’s motion allowed; affirmed as modified and remanded, former opinion clarified (45 Or. App. 53, 607 P.2d 228) August 25, 1980

Douglas M. Fellows, Portland, and Fellows, McCarthy, Zikes
Kayser, P.C., Portland, for the motion.

George E. Birnie, Portland, contra.

Page 1156

Before Schwab, Chief Judge, and Thornton and Campbell, Judges.

CAMPBELL, J.

Appellant’s motion allowed. Affirmed as modified and remanded. Former opinion clarified. Costs to appellant.

Page 1157

CAMPBELL, J.

The husband appellant has filed a motion to recall mandate and to clarify our previous opinion, DeVille and DeVille, 45 Or. App. 53, 607 P.2d 228 (1980). We have allowed the motion. Gow v. Multnomah Hotel, 191 Or. 45, 66, 224 P.2d 552, 228 P.2d 791
(1951), Rodda v. Rodda, 185 Or. 140, 200 P.2d 616, 202 P.2d 638
(1949).

The last two paragraphs of our previous opinion are amended to read:

“Under the particular facts of this case we award the residence to the parties as tenants in common with the provision that it be sold under the supervision of and within a time set by the trial court. The husband is awarded as his sole property the unimproved lot in Deschutes County and a judgment against the wife for the sum of $4,000, said judgment to bear interest at the rate of nine percent per annum from May 7, 1980. The wife is awarded the bank accounts, the two vehicles and the furniture as her sole property.

“Affirmed as modified and remanded. Costs to appellant.”

The decree of the trial court is affirmed as modified and remanded. Former opinion clarified. Costs to appellant.

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