Morgan and Morgan
340 Or. App. 272
Or. Ct. App.2025Background
- Husband (Sean Morgan) and wife (Cherish Morgan) were married for 24 years before the husband filed for dissolution of marriage.
- Wife agreed to an equitable split of property and debts but sought significant spousal support due to claimed disparate incomes and her chronic health issues.
- The parties engaged in extensive discovery over 18 months; wife was repeatedly ordered to produce her disability applications and ultimately sanctioned for failure to do so.
- The trial court awarded wife transitional and maintenance spousal support, but excluded any evidence related to her disability due to her noncompliance with discovery orders.
- Wife represented herself (pro se) on appeal, raising four assignments of error regarding accommodations, accessibility, and the discovery sanctions.
- The Court of Appeals reviewed the record, declined de novo review as the case was not exceptional, and affirmed the trial court’s judgment and sanctions.
Issues
| Issue | Morgan (Wife) Argument | Morgan (Husband) Argument | Held (Court's Ruling) |
|---|---|---|---|
| De novo appellate review | Case warranted de novo review due to exceptional issues | Opposed as non-exceptional case | Denied; not an exceptional case for de novo review. |
| Accessible communication in trial court | Court failed to ensure accessible communication | Communication was adequate/issue not preserved | Dismissed; argument not properly preserved or identified. |
| Failure to provide ADA accommodations | Court failed to grant all requested disability accommodations | Court provided reasonable accommodations | Denied; accommodations granted, no obvious error on record. |
| Discovery sanctions—exclusion of disability evidence | Sanctions were inappropriate; could not comply with order | Sanctions warranted due to noncompliance | Sanction upheld; no abuse of discretion, wife failed to comply. |
Key Cases Cited
- Village at North Pointe Condo. Assn. v. Bloedel Constr., 278 Or App 354 (requirements for identifying trial court rulings on appeal)
- Justice and Crum, 265 Or App 635 (specificity required in assignments of error)
- State v. Vanornum, 354 Or 614 (standards for plain error review)
- Noor and Chowdhury, 329 Or App 162 (standard for reviewing sanctions for abuse of discretion)
- McDowell v. Allied Building Products Corp., 235 Or App 12 (party’s obligation to prove inability to comply with court orders)
- Miner v. Safeco Ins. Co. of Oregon, 333 Or App 1 (breadth of court’s authority in discovery sanctions)