Marriage of Kirwan CA4/3
Thomas and Debra Kirwan have been litigating their divorce for a long time and at considerable expense. This is their second trip to our court.
The first appeal, brought by Thomas, was from a partial judgment rendered in 2012 that resolved some issues and reserved others. We affirmed the final portions of the judgment from which Thomas had appealed. The case then went back to the family court for trial in 2014 on the reserved issues. The court entered judgment on them in 2015, and Thomas has once again appealed.
The issues underlying this appeal are of three kinds. The first is the family court’s reliance on a case from this court issued after the 2012 judgment and before the 2014 trial, In re Marriage of Finby (2013) 222 Cal.App.4th 977 (Finby). When it tried the reserved issues, the court relied heavily on Finby to guide it on several of them. On appeal, Thomas has objected to employing Finby for any purpose and to the calculations the court performed based on the cas
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