Fehrenbacher v. Fehrenbacher

[76 OrApp Page 246] The parties obtained a decree of dissolution in 1979. On December 19, 1983, the trial court entered a judgment for mother against father for unpaid child support. Father did not appeal, but, on December 23, 1983, he moved for a new trial on the ground that the court had miscalculated the amount of unpaid child support. See ORCP 64 B(6), 64 C. The motion was not heard and determined within 55 days from the time the court entered the judgment, and it was therefore conclusively deemed denied. ORCP 64 F. Father did not appeal the judgment within 30 days from the date on which the motion was deemed denied, although he could have. ORS 19.026(2)(b). On August 1, 1984, he moved for relief from the judgment for child support, again claiming that the court had miscalculated the amount and also claiming that part of the judgment had been satisfied before its entry. Father appeals from the order denying the motion.