Kinsler

Susan Kinsler appeals a minute order entered in an action to dissolve her marriage to Arnold Kinsler. The issue is whether the death of a party in a dissolution proceeding after entry of judgment dissolving the parties’ marital status abates the action and deprives the court of jurisdiction to decide the remaining issues in the cause. While the judgment dissolving the parties’ marital status is appealable (Code Civ. Proc., § 904.1, subd. (j); In re Marriage of Van Sickle (1977) 68 Cal.App.3d 728, 736 [ 137 Cal.Rptr. 568 ]; In re Marriage of Fink (1976) 54 Cal.App.3d 357, 362-366 [ 126 Cal.Rptr. 626 ]), the minute order from which Susan appeals—which merely vacated pri- or minute orders—is not. Accordingly, we treat the appeal as a petition for a writ of mandate.

Arnold and Susan Kinsler were married in January 1977 and separated in October 1978. In November 1978 Arnold filed a petition to dissolve the childless marriage. Thereafter, the trial court entered several minute orders regarding, inter alia, the use and disposition of certain property and the award of temporary spousal support to Susan. On November 2, 1979, and January 22, 1980, respectively, the court entered…