Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Neely v. Neely
Citations: 95 Or. App. 403; 768 P.2d 947Docket: DM86-10-139; CA A45883
Court: Court of Appeals of Oregon; February 21, 1989; Oregon; State Appellate Court
The court reviewed a judgment regarding the distribution of interests in a domestic partnership, agreeing with the trial court's finding that the parties intended an equal distribution of assets and liabilities. The court upheld the valuation of assets but noted that the trial judge did not implement an equal distribution due to frustration with the plaintiff's failure to prove the business's unreported income and its substantial net worth. The appellate court found this reasoning inappropriate, as it could discourage litigants from pursuing their claims for fear of disproportionate penalties for unsuccessful arguments. The judgment was modified to grant the plaintiff a monetary award of $885, while affirming the judgment as modified. The trial judge's comments indicated dissatisfaction with the lengthy proceedings and the plaintiff's claims regarding the business's financial status, which were not substantiated by evidence.