THOMASON v. THOMASON

C93 1262 DR; A103041

23 P.3d 395 (2001)

174 Or. App. 37

In the Matter of the MARRIAGE OF Scott L. THOMASON, Respondent, and Diane Thomason, Appellant, and Christopher Thomason; Gregory Thomason; and Taylor Thomason, Minor Children.

Court of Appeals of Oregon.

Decided May 2, 2001.


Attorney(s) appearing for the Case

Timothy J. Sercombe argued the cause for appellant. With him on the reply brief were J. Richard George, Allan F. Knappenberger and Preston Gates & Ellis LLP. On the opening brief were James N. Westwood, Portland, William F. Buchanan, Bend, and Miller, Nash, Wiener, Hager & Carlsen LLP.

Laura Graser, Portland, argued the cause and filed the brief for respondent.

Herbert A. Trubo, Portland, argued the cause for minor children. With him on the brief was Sorensen-Jolink, Trubo, Williams, McIlhenny & Williams.

Kristin Paustenbach and Ann Su, Portland, filed the brief amicus curiae for Juvenile Rights Project, Inc.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

Mother appeals from the trial court's post-judgment order appointing an attorney for her children. She argues that ORS 107.425 did not authorize the court to make the appointment. We agree and reverse.

On February 28, 1994, the trial court entered a judgment dissolving mother and father's marriage and awarding mother custody of their three children. It appears that, shortly after the judgment was entered, the relationship between mother and one...

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