Gaona v. Camacho
1 CA-CV 24-0541
Ariz. Ct. App.Mar 11, 2025Background
- Cristina Gaona (Wife) and David Camacho (Husband) married in 2011 and have three minor children.
- Wife filed for dissolution of marriage in 2022; the dissolution decree was issued in June 2024.
- Prior to trial, both parties filed pre-trial statements identifying stipulated and contested issues.
- Husband appealed the court’s property division and attorneys’ fees rulings.
- The appellate court reviewed the appeal, noting issues with the sufficiency of Husband’s opening brief and procedural compliance.
- The court ultimately affirmed the trial court’s rulings, awarding Wife her appellate attorneys’ fees and costs.
Issues
| Issue | Gaona's Argument | Camacho's Argument | Held |
|---|---|---|---|
| Whether the property division was erroneous | Supported trial court's decision | Claimed property and debts not divided equally | No abuse of discretion found; affirmed |
| Award of attorneys’ fees to Wife | Supported fees award due to Husband’s conduct | Challenged attorneys’ fees award | No jurisdiction; not timely appealed |
| Consideration of Wife’s mother’s will | Not addressed as material to dissolution | Argued will should be opened/clarified | Not addressed; raised first time on appeal |
| Adequacy of appeal brief (procedure compliance) | N/A | Brief lacked citations, structure, and legal authority | All issues deemed waived |
Key Cases Cited
- Lehn v. Al-Thanayyan, 246 Ariz. 277 (community property division abuse of discretion standard)
- Whitt v. Meza, 257 Ariz. 176 (evidence viewed in light most favorable to upholding decree)
- Ramos v. Nichols, 252 Ariz. 519 (requirements for appellate briefing competency)
- Brionna J. v. Dep’t of Child Safety, 255 Ariz. 471 (appeal only addresses issues within notice of appeal)
- In re MH 2008-002659, 224 Ariz. 25 (arguments not raised below generally not considered on appeal)