Matter of the Marriage of Quigley, 326 Or App 820 (2023)
Jul 06, 2023OUTCOME: Win-reversed and remanded in favor of Appellant
Trial court was shown to have abused discretion in misapplying the statutory elements to determine parenting time.
Eugene, OR
Appeals Lawyer at Eugene, OR
Practice Areas: Appeals, Family ... +3 more
OUTCOME: Win-reversed and remanded in favor of Appellant
Trial court was shown to have abused discretion in misapplying the statutory elements to determine parenting time.
OUTCOME: Win-Case Reversed in favor of Appellant. Jurisdiction by the Department of Human Services was reversed and vacated and the children returned to the parents
Juvenile dependency case in which the court of appeals held that the jurisdictional requirement that the allegedly dependent child be endangered is significant; the child must be exposed to danger, tha ... t is, conditions or circumstances that involve being threatened with serious loss or injury. Based on this standard, the trial court could not take jurisdiction in this case.
OUTCOME: Win-Case Reversed in favor of Appellant
Removed the previous legal restriction of a minor who brings a personal injury claim against a public body. The Court held that the statute governing limitations periods against public bodies did not ... bar application of statute governing actions on behalf of children, because that statute did not provide a limitation on the commencement of an action, but instead provided for tolling the time allowed for the limitation of an action.
OUTCOME: Win-reversed in favor of Appellant. The children were returned home and wardship was vacated
Court held that The Department of Human Services (DHS) has the burden to show that the risk of harm to the child is present at the time of the hearing and not merely speculative before the juvenile cou ... rt can exercise jurisdiction over the child.
OUTCOME: Win-Reversed and remanded in favor of Appellant
court found in favor of borrower's interpretation of a loan agreement
OUTCOME: Win-Reversed and Remanded in favor of Appellant
Property dispute and use of easement in favor of client.
OUTCOME: Win-Reversed and remanded in favor of Appellant
Mother challenged a trial court's wardship over child and court of appeals agreed that wardship could not continue where the jurisdictional facts on which wardship was based ceased to exist.