In re the Marriage of Bond

Because the trial courts have been applying correctly the new rules of civil procedure, I would overrule Truax and Truax, 62 Or App 130, 659 P2d 983 (1983), in which we applied them incorrectly, and would not have followed Truax in Fenn and Fenn, 63 Or App 506, 664 P2d 1143 (1983). Therefore, I dissent from the reversal on the father’s appeal.

A purpose of the new rules, particularly ORCP 68, was to avoid the problems which had been encountered before adoption of the rules when a party appealed from a judgment or final order that left the award of attorney fees to a later date. In those cases,…