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Erwin v. Erwin

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
Jan 18, 2012
G044755 (Cal. Ct. App. Jan. 18, 2012)

Opinion

G044755 Super. Ct. No. 08D005626

01-18-2012

In re Marriage of CHRISTINA M. and CHRISTOPHER R. ERWIN. CHRISTINA M. ERWIN, Respondent, v. CHRISTOPHER R. ERWIN, Appellant.

Christopher R. Erwin, in pro. per., for Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 a judgment of the Superior Court of Orange County, Ronald P. Kreber, Judge. Appeal dismissed.

Christopher R. Erwin, in pro. per., for Appellant.

No appearance for Respondent.

After appellant Christopher R. Erwin failed to pay his court-ordered child support, the trial court found him in contempt and sentenced him to 10 days in jail and 300 hours of community service. He seeks to appeal the contempt judgment. But no appeal lies from a judgment of contempt. (Code Civ. Proc., §§ 1222 & 904.1, subd. (a)(1)(B).) "It is well settled that orders and judgments made in cases of contempt are not appealable, and this rule has been held applicable both where the trial court imposed punishment for contempt and where the alleged contemner was discharged. [Citations]." (John Breuner Co. v. Bryant (1951) 36 Cal.2d 877, 878.) We therefore do not address appellant's contentions that at the contempt hearing he "was not allowed to testify" (emphasis omitted) and "did not have [legal] representation" (emphasis omitted).

We gave the parties 15 days to file letter briefs discussing the appealability of the judgment, which had not previously been addressed. That period has passed and we have received no communication from either party. The appeal is dismissed.

RYLAARSDAM, ACTING P. J.

WE CONCUR:

BEDSWORTH, J.

O'LEARY, J.


Summaries of

Erwin v. Erwin

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE
Jan 18, 2012
G044755 (Cal. Ct. App. Jan. 18, 2012)
Case details for

Erwin v. Erwin

Case Details

Full title:In re Marriage of CHRISTINA M. and CHRISTOPHER R. ERWIN. CHRISTINA M…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

Date published: Jan 18, 2012

Citations

G044755 (Cal. Ct. App. Jan. 18, 2012)