Marriage of Rizzo
Filed 6/29/06 Marriage of Rizzo CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
In re the Marriage of MONICA ELLEN RIZZO and ROGER D. RIZZO. | |
MONICA ELLEN RIZZO, Respondent, v. ROGER D. RIZZO, Appellant. | A112081 (Marin County Super. Ct. No. 12549) |
Appellant Roger Daniel Rizzo (Roger) once again challenges a provision in the 1996 Marital Settlement Agreement (MSA) between him and his former wife, respondent Monica Ellen Rizzo (Monica), providing for an equal division of disability benefits that became payable after Roger suffered disabling injuries in a serious motorcycle accident. This time, Roger appeals from an order denying his motion to set aside a portion of an amended judgment he claims was entered in their marital dissolution action. Roger argued below that an April 2005 order amending the January 1997 judgment of dissolution of marriage (Judgment) nunc pro tunc to reflect merger of the MSA into the Judgment constituted an â€