In re the Marriage of Castro

Father filed a motion to modify a decree of dissolution which awarded custody of the minor child of the parties to mother. Father seeks custody of the child, a girl seven years old at the time of the hearing. He appeals from the trial court’s order denying the motion to modify and assigns error to the ruling of the court granting mother’s motion for involuntary dismissal under Oregon Rules of Civil Procedure (ORCP) 54B(2), made at the close of father’s case.

Because we find that the trial court applied the wrong test under the new rule and failed to make findings or follow the procedure…