Marriage of Holmes

Filed 8/10/06 Marriage of Holmes CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re the Marriage of JOAN N. HOLMES and DEAN P. HOLMES.

JOAN N. HELWER,

Appellant,

DEAN P. HOLMES,

Appellant.

A110866

(Humboldt County

Super. Ct. No. FL930694)

Dean P. Holmes (husband) appeals after the family court awarded his former wife Joan N. Helwer (wife) damages for his breach of an oral agreement between the parties and ordered him to pay wife's attorney fees and costs. We affirm.[1]

I. BACKGROUND

Husband and wife were married in 1974. They separated in 1993, and a judgment of dissolution was entered in January 1996.

At the time husband and wife divorced, husband was an instructor for the City of Eureka's school district, and had a retirement plan through the California State Teachers' Retirement System (STRS). The couple owned several rental properties, which yielded a total of approximately $3,100 to $3,500 per month in rent. Wife did not work during most of the last 10 years of the marriage, and had disabilities that made it difficult for her to maintain a job.

The form judgment of dissolution stated in part: â€

Description	Appeal from the decision of the family court awarding to former wife damages for Appellant's breach of an oral agreement between the parties and ordered Appellant to pay wife's attorney fees and costs. Court affirm.
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