Marriage of Himelfarb
If a party to a marital dissolution action dies prior to judgment, a court has authority to enter a judgment on submitted issues nunc pro tunc prior to the death of the party. (In re Marriage of Mallory (1997) 55 Cal.App.4th 1165, 1167, 1176-1177.) Appellant Dirce Himelfarb appeals from an order of the family court amending a judgment of dissolution nunc pro tunc to the day before her ex-husbands death. We conclude that the court had jurisdiction to enter the order, and that Dirce has forfeited any challenge to the merits of the courts order by failing to raise any issue in the trial court. Court affirm.
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