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.


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