In re the Marriage of Ginther

In this dissolution proceeding, husband appeals, contending that the trial court erred in awarding wife her attorney fees. Husband’s contention is based on his claim that wife did not timely file or serve her statement seeking attorney fees, as required by ORCP 68 C(4)(a). The record reveals that wife did not timely file her attorney fee statement. On this record, however, we cannot determine whether wife timely served her attorney fee statement or whether husband was prejudiced by the late filing, and the late service, if any, of that statement. Consequently, we reverse and remand.

The…