Marriage of Stawicki CA4/3

Filed 6/24/13 Marriage of Stawicki CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re Marriage of KELLIE and EARL STAWICKI.

KELLIE STAWICKI, G047141 Respondent, (Super. Ct. No. 10D001861) v. OPINION EARL STAWICKI,

Appellant.

Appeal from a judgment of the Superior Court of Orange County, Mark Millard, Judge. Affirmed. Shafer & Associates and Mark H. Shafer for Appellant. No appearance for Respondent. * * *

In this marital dissolution matter, Earl Stawicki appeals from a judgment after trial. He contends the superior court erred when it made two evidentiary rulings. Kellie Stawicki did not file a brief in this court.1 With regard to the court‘s first ruling, Earl states: ―On May 3, 2012, the second day of trial, Respondent‘s counsel marked for identification Exhibit A . . . , Exhibit B . . . , and Exhibit C . . . . Exhibits A, B, and C were official written communications from the Internal Revenue Service, bearing the seal of the IRS. Counsel for Respondent moved the Court to allow Exhibits A through C into evidence, while counsel for Petitioner objected based on hearsay . . . . The Court sustained Petitioner‘s objection . . . .‖ [Fn. omitted.] The record on appeal contains no exhibits. The clerk‘s transcript from the superior court, which was received by this court on October 3, 2012, contains a clerk‘s note which states: ―The Superior Court is not in possession of designated Respondent‘s Exhibit Nos. A, B and C and all have been omitted.‖ With regard to the reporter‘s transcript, the following colloquy took place between the court and counsel: ―[Earl‘s counsel]: I move to move exhibits A, B and C into evidence. ―[Kellie‘s counsel]: Object, your Honor, on the basis of hearsay with no proper exception for any three of the documents. ―The Court: Sustained. ―[Earl‘s counsel]: The foundation has been laid, your Honor, and I object to the ruling on that. ―The Court: Okay. ―[Earl‘s counsel]: Now I‘m going to go to some things -- ―[The court]: It‘s still not authenticated as far as the court is concerned.