In re the Marriage of Taylor

Husband petitions for reconsideration of our opinion. 121 Or App 635, 856 P2d 325 (1993). We allow the petition, modify our opinion and affirm.

We address only husband’s argument that we erred when we recalculated husband’s inheritance and increased the amount of wife’s judgment, given that wife did not challenge the trial court’s judgment by a cross-appeal. Hofer v. Hofer, 244 Or 88, 92, 415 P2d 753 (1966); Davis v. Davis, 123 Or 667, 669, 263 P 914 (1928). Wife responds that she is not attacking the trial court’s decision:

“The trial judge awarded wife one-third of husband’s inheritances.…