Opinion
C066120 Super. Ct. No. 10FL03924
01-17-2012
In re the Marriage of DEVERA and COLIN BROWN. DEVERA BROWN, Respondent, v. COLIN BROWN, Appellant.
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on December 29, 2011, be modified as follows:
1. On page 3, in between the paragraph beginning "On September 1, 2010, the Sacramento court" and the paragraph beginning "On appeal, we must presume the trial court's judgment is correct," insert the following paragraph:
Mother contends the order from which father appeals is a nonappealable order. We conclude that while there may be some question about the order's appealability, it is likely appealable. Thus, for purposes of this decision, we will assume the order is appealable.
2. On page 4, delete the last sentence before the Disposition that reads: "Because we affirm the trial court's ruling on other grounds, we will not address mother's claim that the order from which father appeals is non-appealable."
There is no change in the judgment.
BLEASE, Acting P.J.
HULL, J.
DUARTE, J.