144 Or. App. 323 925 P.2d 597

Argued and submitted October 7,

reversed and remanded in part; otherwise affirmed October 30, 1996

STATE ex rel DEPARTMENT OF HUMAN RESORUCES, Respondent, v. Craig E. LEWELLING, Appellant, and Kimberly S. BYRD, Obligee.

(C-910014-FI; CA A90176)

925 P2d 597

William B. Wyllie argued the cause and filed the brief for appellant.

Mary H. Williams, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Riggs, Presiding Judge, and Landau and Leeson, Judges.

PER CURIAM

*324PER CURIAM

In this appeal from a judgment establishing appellant’s paternity, the issues are whether the trial court erred when it allowed an expert to testify about the “probability of paternity” on the basis of a statistical analysis of the putative father’s blood, and whether it erred in awarding costs and fees to the state without conducting a hearing on defendant’s objections to them.

On the first issue, the testimony of the state’s expert witnesses met the conditions articulated in Plemel v. Walter, 303 Or 262, 278-79, 735 P2d 1209 (1987).

On the second issue, we accept the state’s concession that the trial court erred in failing to conduct a hearing pursuant to ORCP 68 C(4)(c) on defendant’s timely objections to the state’s cost bill and request for attorney fees.

Reversed and remanded for further proceedings on attorney fees and costs; otherwise affirmed.

State ex rel. Department of Human Resoruces v. Lewelling
144 Or. App. 323 925 P.2d 597

Case Details

Name
State ex rel. Department of Human Resoruces v. Lewelling
Decision Date
Oct 30, 1996
Citations

144 Or. App. 323

925 P.2d 597

Jurisdiction
Oregon

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!