Kinsey

Plaintiff appeals from an order denying her motion to modify the interlocutory judgment of divorce theretofore entered. Prom the pleadings, the pretrial order incorporating the joint pretrial statement, and the interlocutory judgment of divorce, it is clear that both parties sought and obtained a final determination of all their respective *220 property rights. The provisions of said interlocutory judgment relating to the property of the parties and their respective rights therein were expressly based upon the stipulation of the parties made at the trial of the action which proceeded upon the complaint as a default.

This interlocutory judgment is now final, no appeal having been taken therefrom and no relief therefrom having been sought within the time allowed by section 473 of the Code of Civil Procedure. 1 Said judgment contained no provision retaining jurisdiction in the court to modify the division of property therein made other than the following:

Despite these undisputed jurisdictional facts, plaintiff sought to modify the property provisions of this interlocutory judgment by her motion made more than 11 months after its entry. She sought to add thereto an order awarding…