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MATTER OF MARRIAGE OF SMITH

(DR97-05-240; CA A102376)

7 P.3d 559 (2000)

168 Or. App. 349

In the Matter of the MARRIAGE OF Yvonne A. SMITH, nka Yvonne Annette Schwartz, Appellant, and James H. Smith, Respondent, and J.S.E., Inc., an Oregon corporation, dba Jim Smith Excavating, Respondent below.

Court of Appeals of Oregon.

Decided June 7, 2000.

Attorney(s) appearing for the Case

Mark A. Johnson, Portland, argued the cause for appellant. With him on the opening brief was Findling & Johnson; with him on the reply brief was Bennett, Hartman & Reynolds.

Kimberly A. Quach, Aloha, argued the cause for respondent. With her on the brief were Ronald I. Gevurtz and Gevurtz, Menashe, Larson & Howe, P.C.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.

BREWER, J.

The issue in wife's appeal from a judgment of dissolution is whether the trial court erred in declining to award spousal support. We review de novo, ORS 19.415(3), and affirm.

Husband, age 42, and wife, age 38, were married for 13 years. Before their marriage, they cohabited for two years. Both parties enjoy good health. Wife has custody of their children, ages 12 and 10. Husband has a ninth-grade education. He worked as a laborer in the...

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