Marr. of Doran
Filed 2/15/06 Marr. of Doran CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Trinity)
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| In re the Marriage of LILLIAN M. and CHARLES AFTON DORAN. | |
| LILLIAN M. TINGSTAD-DORAN, Respondent, v. CHARLES AFTON DORAN, Appellant. |
C049553
(Super. Ct. No. 04FL039) |
Charles Afton Doran (Charles)[1] and Lillian M. Tingstad-Doran (Lillian) have been married to each other three separate times. Charles appeals the judgment in this third dissolution proceeding characterizing the property held by him and Lillian as community or separate property, and its award and the division of property. Charles claims the trial court (1) erred in refusing to apply the conclusive presumption of Evidence Code section 622 to an amended/supplemental escrow instruction document dated March 9, 2004, (2) erred in finding such document did not amount to a transmutation under Family Code section 852, (3) lacked jurisdiction to decide the disposition of a joint bank account held with a third party, and (4) erred in failing to grant a motion for new trial. We reject Charles's claims and will affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
The record on appeal consists solely of the clerk's transcript. Charles did not designate a reporter's transcript or provide a settled or agreed statement on appeal. (Cal. Rules of Court, rules 4, 6, 7.)[2] Our statement of the underlying facts and procedure is, therefore, limited to what is disclosed by the clerk's transcript.
On April 1, 2004, Lillian filed a petition for dissolution of marriage, a request for restraining order against Charles, and a request for an order regarding spousal support, attorney fees and costs, and an injunction restraining Charles's disposition of property. The petition for dissolution stated the date of the marriage was October 23, 1997; the date of the parties' separation was March 8, 2004. Lillian requested the proceeds from the sale of the parties' â€
