Gilb

Eva sued Frank for divorce. Frank filed a cross-complaint in which he sought an annulment or, in the alternative, a divorce. After a trial lasting 32 days, the court made findings and entered judgment denying Frank an annulment and awarding each spouse a divorce upon the ground of mental cruelty. The judgment also contained provisions for the custody and support of the minor daughter, for a division of the community property, and for the payment from community funds of Frank’s reasonable expenses in defending an action for attorneys' fees brought by his former attorneys and to enable Eva to pay her costs and attorneys’ fees in the present action.

The court tried first the annulment issue and announced its decision; it then tried separately the divorce issues which included the community property issues. Certain of appellant’s contentions in his brief related to the community property issues. He furnished a record of the oral proceedings upon the annulment issue but none as to the divorce and community property issues. Upon respondent’s application for augmentation of the record the court gave appellant a choice between providing an adequate record or abandoning those points. He…