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MIDDLETON v. CHANEY

CC 97-DR-1197, 96-P-0237; CA A108878; SC S49145

57 P.3d 893 (2002)

335 Or. 58

Gary Lee MIDDLETON, Respondent on Review, v. Mary Jean CHANEY, aka Jeannie M. Chaney, Respondent, and Jerry Cummings and Patricia Cummings, Petitioners on Review. In the Matter of the Guardianship of Brad Lee Middleton, Ward.

Supreme Court of Oregon.

Decided November 15, 2002.

Attorney(s) appearing for the Case

James M. Brown, of Enfield Brown Knivila & Razor, Salem, argued the cause and filed the brief for petitioners on review.

Ryan S. Joslin, Mt. Vernon, argued the cause for respondent on review.

Before GILLETTE, Presiding Justice, and DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

GILLETTE, P.J.

Petitioners (uncle and aunt) seek review of a Court of Appeals decision that terminated their guardianship of a child whom they have reared since 1996 and awarded custody of the child to his father. Middleton v. Chaney, 177 Or.App. 679, 34 P.3d 722 (2001). We agree with the Court of Appeals that the guardianship should be set aside. However, for the reasons that follow, we...

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