Kapple v. Kapple

Defendant appeals from an order denying a motion to vacate his default and the interlocutory decree of divorce entered thereon in favor of the plaintiff wife. Appellant complains principally of the award of the real property to the wife. The affidavits upon the motion are in conflict and appellant’s counsel devotes himself to an argument as to the effect of that evidence.

It is of course presumed that the trial court resolved any conflicts in favor of the prevailing party (Warren v. Warren, 120 Cal.App.2d 396, 400 [261 P.2d 309]; Baratti v. Baratti, 109 Cal.App.2d 917, 922 [242 P.2d 22]), and…