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IN RE MARRIAGE OF MALLORY

Docket No. F025184.

55 Cal.App.4th 1165 (1997)

In re the Marriage of IVA JEAN and HERBERT DEAN MALLORY. IVA JEAN MALLORY, Respondent, v. DAN MALLORY, as Executor, etc., Appellant.

Court of Appeals of California, Fifth District.

June 12, 1997.

Attorney(s) appearing for the Case

COUNSEL

John D. Bird for Appellant.

Michael P. Kilpatrick for Respondent.

[Opinion certified for partial publication.*]

OPINION

DIBIASO, J.

We hold that the trial court in a marital dissolution action is empowered to enter a judgment nunc pro tunc with respect to all issues, including marital status, submitted to the court for decision prior to the death of a party to the proceeding, notwithstanding the general rule that such a death abates a cause of action for termination...

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