Marriage of Nair
Filed 1/19/10 Marriage of Nair CA3
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Placer)
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In re the Marriage of JAYRAJ and BINDU NAIR. | |
JAYRAJ NAIR, Appellant, v. BINDU NAIR, Respondent. | C059661 (Super. Ct. No. SDR0026925) ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] |
THE COURT:
It is ordered that the opinion filed herein on December 29, 2009, be modified as follows:
1. On page 8, the second paragraph should be changed to read as follows:
Mother asserts that none of the June or July 2008 orders from which father appeals is a final judgment. We disagree. As we shall explain, we conclude the trial courts June 9, 2008, order constitutes an appealable judgment. The orders of June 12 and July 8, 2009, are therefore appealable as orders after judgment.
2. On page 11, the first sentence of the second paragraph should be changed to read as follows:
We construe the trial courts June 8, 2008, order denying fathers objections to the ruling following the custody trial as a final judgment on the issues of custody and visitation.
3. On page 11, the last sentence of the second paragraph should be changed to read as follows:
The trial courts adoption of the signed ruling as its statement of decision has the substantive effect of a judgment.
4. On page 11, the first sentence of the third paragraph should be changed to read as follows:
The June 12 and July 8, 2008, orders that father specified in his first notice of appeal each followed what constitutes a final judgment.
5. On page 11, the second sentence of the last paragraph and supporting citation should be changed to read as follows:
Rather than being merely preliminary to a final custody determination, the trial courts June 12 and July 8, 2008, orders modified and enforced an extant final judgment. (See Enrique M. v. Angelina V. (2004) 121 Cal.App.4th 1371, 1377.)
6. On page 12, the last sentence of the first paragraph and supporting citation should be changed to read as follows:
Father has properly appealed from the June 8, 2008, order as a judgment and the June 12 and July 8, 2008, orders as orders after judgment. (Code Civ. Proc., 904.1, subds. (a)(1) & (2); Lakin v. Watkins Associated Industries (1993) 6 Cal.4th 644, 651-652.)
This modification does not change the judgment.
The petition for rehearing is denied.
SCOTLAND , P. J.
SIMS , J.
HULL, J.
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