Marriage of Barnes
Filed
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
In re the Marriage of DORINDA and DAVID BARNES. | H026664, H027557 ( Super. |
DORINDA BARNES, Appellant, v. DAVID BARNES, Respondent. |
Introduction
Dorinda Barnes has filed two notices of appeal in this ongoing dissolution proceeding.[1] This court has ordered that the two appeals be considered together for purposes of briefing, argument, and decision. Her first appeal (H026664) arises from the trial court's denial of her motion to set aside earlier orders. Her second appeal (H027557) challenges the court's prospective termination of spousal support of Dorinda by David.
As we will explain below, the thrust of the first appeal is to challenge an earlier court order and not the court's denial of the motion to vacate. Since Dorinda did not appeal from this earlier appealable order, we will conclude that she is barred from attacking it in this appeal. Her only real attack on the denial of the motion to set aside lacks merit. Dorinda's second appeal primarily claims that the termination of spousal support is unsupported by the evidence. We will conclude that her evidentiary arguments are foreclosed by her failure to provide a reporter's transcript of the hearing preceding the termination order. We will also reject her argument that the trial court lacked jurisdiction to issue this order. Finally, we will deny her latest request for judicial notice and to take new evidence on appeal. Accordingly, we will affirm the court's orders.
The Firt Appeal
On
