Marriage of Kuperschmit and Jones CA2/5

DISCUSSION

As a threshold matter, we must decide whether the court’s modification is an appealable order. “The existence of an appealable judgment is a jurisdictional prerequisite to an appeal. A reviewing court must raise the issue on its own initiative whenever a doubt exists as to whether the trial court has entered a final judgment or other order or judgment made appealable by Code of Civil Procedure section 904.1.” (Jennings v. Marralle (1994) 8 Cal.4th 121, 126.) The modification of an interim custody order is not listed as an appealable order in section 904.1. Jones asserts Code of Civil Procedure section 904.1, subdivision (a)(10) applies. Under that subdivision, an appeal may be taken “[f]rom an order made appealable by the Probate Code or the Family Code.” (Code Civ. Proc., § 904.1, subd. (a)(10).) Jones fails to specify which section of the Family Code renders the challenged order appealable. He has thus failed to meet his burden to explain why the order appealed from is appealable. (Cal. Rules of Court, rule 8.204(a)(2)(B); Lester v. Lennane (2000) 84 Cal.App.4th 536, 557.)

3 Our own review of the Family Code shows Family Code section 2025 makes appealable interim…