Marriage of Shannon CA5

California Court of Appeal Oct 30, 2014 No. F067406MUnpublished

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Holding. The court affirmed the judgment of dissolution, holding that the trial court properly awarded the husband reimbursement for his separate property contribution to the family residence and did not abuse its discretion in setting spousal support or attorney fees.

Issues

Whether the trial court erred in awarding the husband reimbursement for his separate property contribution to the purchase of the family residence.
Whether the trial court abused its discretion by reducing the spousal support award from the temporary support amount without a change in circumstances.
Whether the trial court abused its discretion in its award of attorney fees and costs.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Substantial evidence supports the trial court’s finding that husband contributed $160,000 of his separate property to the purchase of the residence and was entitled to reimbursement of that amount.”

“A change in circumstances is not necessary in order to include in the judgment of dissolution an award of spousal support that is different from the amount awarded pendente lite.”

“The award of attorney fees and costs in family law matters is within the broad discretion of the trial court and that court’s decision in a particular case will not be disturbed on appeal absent a clear showing of abuse of discretion.”

Filed 10/30/14 Marriage of Shannon CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

In re the Marriage of DENNIS P. and MARY SHANNON.

DENNIS P. SHANNON, F067406 Respondent, (Super. Ct. No. S-1501-FL-622161) v. ORDER MODIFYING OPINION MARY SHANNON, [NO CHANGE IN JUDGMENT] Appellant.

BY THE COURT: It is ordered that the opinion filed herein on October 21, 2014, be modified as follows:

1. On page 1, the first sentence, we correct the misspelled name to henceforth read as follows:

Stephen D. Schuett, Judge.

There is no change in the judgment.

___________________________ HILL, P. J.

WE CONCUR:

________________________ GOMES, J.

________________________ CORNELL, J.

Filed 10/21/14 (unmodified version)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re the Marriage of DENNIS P. SHANNON and MARY SHANNON.

DENNIS P. SHANNON, F067406

Respondent, (Super. Ct. No. S-1501-FL-622161)

Marriage of Shannon CA5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

DENNIS P. SHANNON, F067406

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