Opinion
E050434 Super.Ct.No. FAMVS700260
08-29-2011
In re the Marriage of ANGELA L. and DAVID A. DAVIES. ANGELA L. DAVIES, Respondent, v. DAVID A. DAVIES, Appellant.
Law Offices of Victoria Norwich and Victoria Norwich for Appellant. No appearances for Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
OPINION
APPEAL from the Superior Court of San Bernardino County. David Proulx, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Dismissed.
Law Offices of Victoria Norwich and Victoria Norwich for Appellant.
No appearances for Respondent.
Defendant David A. Davies appeals from the family law court's orders granting custody of the couple's daughter to plaintiff Angela L. Davies and determining the amount of spousal and child support. David contends the trial court ignored a violation of fiduciary duty, failed to grant him offsets, improperly allocated a tax debt to him, and failed to consider the requirements of Family Code, section 3040.
We will refer to the parties by their first names for the sake of clarity and convenience, and not intending any disrespect.
I. FACTS
David and Angela were married in 1996. They have one minor child, born in 1994.
Angela filed a petition for dissolution of the marriage in May 2007, and the matter went to trial on May 1, 2009. A further hearing was held in August 2009 concerning the division of property.
In its judgment and judgment on reserved issues, the family court ordered that the parties would share legal custody and Angela would have physical custody of the child. David would have visitation on alternate Sundays from 10:00 a.m. until 4:00 p.m. and additional time at the child's discretion. The family court ordered David to pay child support of $818 and spousal support of $271 per month based on findings that David's gross earnings were $5,568 per month and that Angela was incapable of working because of her medical conditions. The family court awarded Angela one-half of the community interest in David's military retirement and ordered David to pay Angela one-half of the 2008 tax return in the amount of $845. The family court held that the parties were equally liable for the debt on a Toyota Solara. In addition, the court ordered David to pay half of all medical, dental, and orthodontia costs for the child already incurred and to be incurred in the future.
II. REQUEST FOR DISMISSAL
After this case was fully briefed and a tentative opinion had been drafted and mailed to the parties, and after oral argument had been set, counsel for appellant filed a request for dismissal of appeal on August 12, 2011.
An appellant may not dismiss an appeal as a matter of right. (Huschke v. Slater (2008) 168 Cal.App.4th, 1153, 1160 [imposing $6,000 sanctions on attorney for unreasonable delay in notifying appellate court that parties had settled and dismissed the underlying case].) Rather, pursuant to California Rules of Court, rule 8.244(c)(2), "On receipt of a request or stipulation to dismiss, the court may dismiss the appeal and direct immediate issuance of the remittitur." (Italics added.) Thus, dismissal is discretionary. Here, because the resolution of this case is fact specific, we grant the request.
III. DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
HOLLENHORST
Acting P. J.
We concur:
MCKINSTER
J.
RICHLI
J.