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IN RE MARRIAGE OF EPLER

04C33678; A148643.

309 P.3d 1133 (2013)

258 Or. App. 464

In the Matter of the MARRIAGE OF John Paul EPLER, Petitioner-Respondent, and Andrea Michelle Epler, nka, Andrea Michelle Walker, Respondent-Appellant, and Kimberley Sue Graunitz, Third Party Respondent-Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted En Banc May 7, 2013.

Decided September 11, 2013.

Attorney(s) appearing for the Case

Richard F. Alway argued the cause and filed the brief for appellant.

No appearance for respondent John Paul Epler.

No appearance for respondent Kimberley Sue Graunitz.

Before HASELTON, Chief Judge, and ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, DUNCAN, NAKAMOTO, HADLOCK, and EGAN, Judges.

ARMSTRONG, J.

Mother appeals a judgment denying her motion to modify custody, parenting time, and child support for her daughter. Mother contends that the trial court erred under ORS 107.135, ORS 109.119, and the federal constitution when it refused to modify a 2005 marital dissolution judgment that awarded sole legal and physical custody of daughter to grandmother. In the alternative, mother contends that the trial court erred when it refused to modify the parenting...

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