Marriage of Bailey

Filed 2/20/07  Marriage of Bailey CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE

            This is an appeal from two orders issued by the trial court in a marital dissolution case.  Appellant Richard Bailey appeals from (1)  an order finding certain real property acquired during the parties' marriage, the parties' former house, to be the separate property of respondent (order), and (2)  a subsequent order on appellant's motion to vacate the order that, among other things, left in effect the trial court's finding regarding the house (subsequent order) (collectively, the orders).  Appellant filed his opening brief on December 29, 2006.

            Respondent Cecily Bailey has moved to dismiss the appeal.  She has not yet filed a respondent's brief.  In her motion to dismiss, she contends that, under the â€