Hixson and Hixson

FILED: June 9, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the Marriage of

BRET M. HIXSON,

Petitioner-Respondent,

and

DEBRALEE HIXSON,

Respondent-Appellant.

Benton County Circuit Court
0530571
A136730

Locke A. Williams, Judge.

On appellant's petition for reconsideration filed May 11, 2010, and respondent's response to petition for reconsideration filed May 14, 2010.  Opinion filed May 5, 2010.  235 Or App 217, ___ P3d ___ (2010).

John L. Barlow and Barnhisel Willis Barlow & Stephens, PC, for petition.

Pamela S. Hediger, Laurie J. Hart, and Evashevski, Elliott, Cihak & Hediger, P.C., for response.

Before Landau, Presiding Judge, and Schuman, Judge, and Ortega, Judge.

PER CURIAM

Reconsideration allowed; opinion clarified and adhered to as clarified.

PER CURIAM

Wife has filed a petition for reconsideration of our opinion in this marital dissolution case, requesting clarification of our disposition.  The dissolution judgment awarded wife an equalizing judgment of $25,777.  In our previous opinion, 235 Or App 17, ___ P3d ___ (2010), we ordered a modification of the property division to provide wife with an additional $140,800, as wife's just and proper share of the marital appreciation of husband's veterinary clinic.  Our disposition stated:  "Dissolution judgment modified to award wife an additional $140,800, to be paid in monthly installments over 10 years; otherwise affirmed."

In her petition for reconsideration, wife notes that, in his reply brief, husband conceded that wife was entitled an equal share of the after-tax balance of his profit-sharing account, $29,384, and that the judgment should be revised accordingly.  Wife inquires whether this court also intends for husband to pay that amount in addition to the original equalizing judgment of $25,777 and the additional $140,800 awarded in our disposition.  We conclude that the current disposition reflects a just and proper division of the marital property and adhere to it.  Thus, the total equalizing judgment is $166,577, to be paid in monthly installments over 10 years.

Reconsideration allowed; opinion clarified and adhered to as clarified.