IN RE: the MARRIAGE OF James W. SHOFNER (1997)

This case is before us on remand from the Supreme Court.  Shofner and Shofner, 324 Or. 39, 920 P.2d 548 (1996).   Petitioner, stepfather, sought review of the order of this court denying his request for attorney fees on appeal.   The Supreme Court allowed stepfather's petition for review, vacated this court's order denying fees and remanded the case to us for further consideration in the light of Holm and Holm, 323 Or. 581, 919 P.2d 1164 (1996).   On reconsideration, we award attorney fees to stepfather.

In the underlying appeal in this case, stepfather sought review of the trial court's dismissal of his motion to modify mother and father's dissolution judgment to allow him visitation with his stepchild.  Shofner and Shofner, 137 Or.App. 543, 905 P.2d 268 (1995), rev. den. 322 Or. 644, 912 P.2d 375 (1996).   We reversed and remanded the case to the trial court to reconsider stepfather's request for visitation under the standards discussed in our opinion.  Id.

Following our decision, stepfather sought attorney fees incurred on appeal pursuant to ORS 107.105(5).   We denied the fee request based on our conclusion in Holm and Holm, 134 Or.App. 513, 895 P.2d 803 (1995), that ORS 107.105(5) provides authority for an award of attorney fees to a “party” to a dissolution proceeding, which includes only the husband and wife.   The Supreme Court, however, reversed our decision in Holm and Holm, holding that ORS 107.105(5) also authorizes an award of attorney fees to an intervening party in a dissolution proceeding.  Holm and Holm, 323 Or. at 587, 919 P.2d 1164.   Accordingly, we reconsider stepfather's request for attorney fees and award fees to stepfather of $6,000, payable by respondents on review.

Stepfather's motion for attorney fees allowed in the amount of $6,000.

 DEITS, Judge.