Marriage of Eberly CA4/3

Good Law
Court of Appeal of CaliforniaApril 23, 2025G062922California2,494 words

Opinion

Opinion

Motoike, J.

BACKGROUND

From what we can discern from the limited appellate record, a petition for dissolution of Tina and Vance’s marriage was filed in 2013. A trial took place over several dates in November and December 2022 concerning property, support, attorney fees and costs, breach of fiduciary duties, and arrears.

DISCUSSION

I.

FORFEITURE OF APPELLATE CLAIMS

We begin our opinion with a brief discussion of basic appellate principles and requirements. An understanding of these principles and adherence to these requirements are necessary for a successful appeal, and these principles and requirements apply equally to propria persona litigants as well as attorneys. (Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246– 1247.) “‘[I]t is a fundamental principle of appellate procedure that a trial court judgment is ordinarily presumed to be correct and the burden is on an

1 For ease of reference and pursuant to the custom in family law

cases, we refer to the parties by their first names. (In re Marriage of Gray (2007) 155 Cal.App.4th 504, 508, fn. 1 (Gray).) No disrespect is intended.

2 appellant to demonstrate, on the basis of the record presented to the appellate court, that the trial court…

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