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In re Marriage of Schwarz

California Court of Appeals, Fourth District, Third Division
Mar 24, 2008
No. G039360 (Cal. Ct. App. Mar. 24, 2008)

Opinion


In re Marriage of MARY SCHWARZ and MICHAEL STAVELEY. MARY SCHWARZ, Appellant, v. MICHAEL STAVELEY, Respondent. G039360 California Court of Appeal, Fourth District, Third Division March 24, 2008

NOT TO BE PUBLISHED

Appeal from an order of the Superior Court of Orange County, Super. Ct. No. 04D011225, Thomas Schulte, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

Law Offices of Jeffrey W. Doeringer and Jeffrey W. Doeringer for Appellant.

Baron & Behrndt and Hassan Gorguinpur for Respondent.

OPINION

SILLS, P. J.

This appeal is from a family court custody order of September 11, 2007, in which trial court denied the request of the mother, Mary Schwarz, for a modification of a prior custody award of her daughter to father, Michael Staveley made in December 2006. On appeal, Schwarz has contended that the trial court should, under the circumstances, have used a best interest standard rather than a change of circumstance standard (though, ironically, her best interest argument was based on a de facto change of circumstances). On March 11, 2007, the parties filed in the trial court a stipulation re appeal and mootness, in which both sides and the trial court judge agreed that the trial court have another hearing “based a straight best interests” from December 6 forward.

While the parties crossed out language in their stipulation “that the issue [of best interest] on appeal is moot,” it is evident that that cross-out was a simple courtesy to this court, essentially letting us declare the obvious, which is that the appeal is indeed now moot. (As the stipulation says, “This advisement to the Court of Appeal is subject to it’s [sic] discretionary inherent powers, of course.”)

We therefore now dismiss the appeal as moot. In their stipulation the parties also agreed that the remittitur “may issue forthwith.” Accordingly the clerk of this court is directed to issue the remittitur upon the filing of this opinion. The stipulation does not say anything about costs on appeal, so in our own discretion we will declare that the interests of justice require, under the circumstances before us, that each side bear its own.

WE CONCUR: MOORE, J., FYBEL, J.


Summaries of

In re Marriage of Schwarz

California Court of Appeals, Fourth District, Third Division
Mar 24, 2008
No. G039360 (Cal. Ct. App. Mar. 24, 2008)
Case details for

In re Marriage of Schwarz

Case Details

Full title:MARY SCHWARZ, Appellant, v. MICHAEL STAVELEY, Respondent.

Court:California Court of Appeals, Fourth District, Third Division

Date published: Mar 24, 2008

Citations

No. G039360 (Cal. Ct. App. Mar. 24, 2008)