Mohler v. Muck

Respondent appeals a judgment that imposed a permanent stalking protective order (SPO) against him, contending that the evidence was insufficient and that the trial court therefore erred in imposing it. We agree with respondent and reverse.

Respondent requests that we review the record de novo. See ORS 19.415(3) (the Court of Appeals may, in our sole discretion, review an equitable case de novo). This, however, is not an “exceptional case.” See ORAP 5.40(8)(c) (“The Court of Appeals will exercise its discretion to try the cause anew on the record or to make one or more factual findings anew on…