Marriage of Wolf and Stillwell CA4/1

Filed 3/14/24 Marriage of Wolf and Stillwell CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re the Marriage of DEVINN WOLF and DESTINY STILLWELL. D083311 DEVINN WOLF,

Appellant, (Super. Ct. No. FAMSS2000607)

v.

DESTINY STILLWELL,

Respondent.

APPEAL from an order of the Superior Court of San Bernardino County, Dina Issam Amana, Commissioner, and Michelle H. Gilleece, Judge. Dismissed. Southern California Lawyers Group and Eric Morris for Appellant. Law Offices of Dilip Vithlani and Dilip Vithlani for Respondent. Devinn Wolf and Destiny Stillwell had three minor children together when they filed for dissolution of their marriage. In December 2020, the superior court entered an order granting them joint legal and physical custody. The court subsequently issued a written order on October 4, 2022,

in which it explained it misstated the law regarding the appealability of the December 2020 custody orders. On its own motion, the court clarified that the December orders were interim orders. It then ordered that at trial, “the court [would] consider all facts and circumstances, whether previously argued or not by either party, in order to determine what custody and visitation orders are in the best interest of the children.” (Emphasis in original). Wolf appeals the court’s October 2022 order. Wolf argues that the ruling is appealable as either a discretionary appeal, a collateral appeal, a

ruling on a motion in limine,1 or, alternatively, as an extraordinary writ. As we explain below, we conclude that the December 2020 custody orders were interim orders. The subsequent orders addressing those orders are, likewise, interim orders. Accordingly, we lack jurisdiction to consider this appeal. Because we decline to exercise our discretion to treat this appeal as a petition for writ relief, we dismiss the appeal in its entirety. FACTUAL AND PROCEDURAL BACKGROUND Wolf filed a petition for dissolution and a request for order (RFO) regarding custody and support in January 2020. The court held a two-day evidentiary hearing on Wolf’s RFO in September 2020, addressing the issues of child custody, visitation, and child support. At that hearing, Wolf had counsel and Stillwell proceeded in propria persona. In December 2020, the court adopted Wolf’s proposed statement of decision without modification (December SOD). The December SOD ordered joint legal and physical custody of the minor children and ordered Stillwell to pay Wolf “guideline child support and guideline spousal support” retroactive to February 2020. The December SOD did not address any of the marital property or debts.