Shapiro

Shapiro v. Union Bank

Good Law
114 Cal. Rptr. 277·1974 Cal. App. LEXIS 979·39 Cal. App. 3d 460
Court of Appeal of CaliforniaMay 23, 1974Civ. No. 73-59California1,290 words

Opinion

Lead Opinion

Kaus, J.

This application or motion for a “stipulated reversal” of a trial court judgment was filed by appellant Martha Shapiro and by the Union Bank, respondent and executor of the will of Saul Shapiro.

In August 1972 an interlocutory judgment was entered dissolving the marriage of Martha and Saul Shapiro, determining separate and community property, approving as valid a 1962 property settlement agreement, and ordering a division of the community property.

In October 1972, Martha filed a timely notice of appeal from those provisions in the interlocutory judgment dealing with the property. In December 1972, Saul died. No final judgment of dissolution hás been entered. The Union Bank was appointed executor under Saul’s will and an appropriate substitution of parties was effected.

All of the primarily affected parties—Martha and the various beneficiaries under the husband’s will—entered into a settlement agreement concerning Saul’s estate. The agreement encompassed the property covered by the interlocutory judgment on appeal. The settlement agreement “requires that the parties take appropriate steps to cause the appeal [sic] *462 to be reversed and remanded to the Superior Court…

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