WIMBER v. TIMPE

D8711-67843, 73668; CA A67461.

818 P.2d 954 (1991)

109 Or.App. 139

In the matter of the Adoption of Charlene Marie WIMBER, a Minor Child. Larry Floyd Wimber, Appellant, and Linda Mae Wimber, Respondent, v. Charles TIMPE, Respondent. In the matter of Wimber, Charlene Marie, a Minor Child. State ex rel Juvenile Department of Multnomah County, Children's Services Division and Charlene Marie Wimber, Respondents, v. Larry Floyd Wimber, Appellant, and Linda Mae Wimber and Charles Timpe, Respondents.

Court of Appeals of Oregon.

Decided October 2, 1991.


Attorney(s) appearing for the Case

Ivan J. Vesely, Portland, argued the cause and filed the brief for appellant.

Angela Sherbo, Portland, argued the cause for the child, Charlene Wimber. With her on the brief was Julie H. McFarlane, Portland.

Mark S. Womble and Parker, Bowe & Blakely, P.C., Hood River, filed the brief for respondent Charles Timpe.

No appearance by respondent Linda Mae Wimber.

No appearance by respondents Juvenile Department of Multnomah County and Children's Services Div.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Appellant appeals from an order setting aside a decree of adoption. He argues that the trial court did not have authority to vacate the decree. We reverse.

Appellant adopted child, then 8 years old, in 1987 after child's biological father (Timpe) consented to the adoption. Respondent Linda Mae Wimber was married to appellant at the time. An attorney was appointed to represent child in February, 1990, after a petition was filed alleging that...

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