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Underwood and Mallory

Summarized by: 

Date Filed: 02-13-2013
Case #: A144622
Haselton, C.J., for the Court; Armstrong, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A144622.pdf

Appellate Procedure: An error will not be reversed on appeal when the party alleging the error was instrumental in bringing it about.

Mother appealed denial of her motion to modify custody and claimed the trial court erroneously referenced ORS 109.119(2)(c) in making its decision under ORS 107.135. The Court of Appeals declined to apply the de novo standard of review and instead, reviewed the case for errors of law. As the sole support for her motion, Mother, who appeared pro se, cited ORS 107.135 and ORS 109.103. Since ORS 109.103 was inapplicable to the facts of the case, the trial court was contained to make its finding on the basis of ORS 107.135. Accordingly, any error in the trial court's application of ORS 107.135 by its reference of ORS 109.119(2)(c) was invited by Mother and not reviewable on appeal because ORS 109.119 was not preserved in the record. Thus, the Court held that an error will not be reversed on appeal when the party alleging the error was instrumental in bringing it about. Affirmed.