Roy v. Roy
| Decision Date | 23 May 1962 |
| Docket Number | No. 378,378 |
| Citation | 182 A.2d 337,123 Vt. 92 |
| Parties | Dorothy H. ROY v. Wilfred J. ROY. |
| Court | Vermont Supreme Court |
Thomas M. Reeves, Burlington, for plaintiff.
R. Allan Paul, Burlington, for defendant.
Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.
Pending hearing of her divorce libel on the merits, the libellant sought temporary support before the county court. When she was unsuccessful, she filed a notice of appeal under the provisions of 12 V.S.A. § 2382. No permission to bring the cause here before final judgment under 12 V.S.A. § 2386 was asked or given.
The order appealed from was not a final judgment. The nature of the proceeding and the relief sought indentifies its interlocutory nature. Disposition of such an attempted appeal is governed by Murphy Motor Sales v. First National Bank, 121 Vt. 404, 159 A.2d 94, which declares this Court to be without jurisdiction in such circumstances.
Appeal dismissed.
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Woodard v. Porter Hospital, Inc., 78
...Vt. 86, 87, 196 A.2d 576 and Murphy Motor Sales, Inc. v. First National Bank of St. Johnsbury, 121 Vt. 404, 405, 159 A.2d 94; Roy v. Roy, 123 Vt. 92, 182 A.2d 337; Brown v. Brown, 121 Vt. 283, 284, 155 A.2d 748. The test of whether a decree or judgment is final is whether it makes a final d......
- DLC Corp., In re, 97-321
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State v. Mahoney, 397
...necessary to deal with the case at all, here, at that point. Webster, Exce. LaDuke Est. v. LaDuke, 126 Vt. 27, 220 A.2d 474; Roy v. Roy, 123 Vt. 92, 182 A.2d 337. The second step, required by Rule 2A of the Supreme Court, 12 VSA App I R 2A, is to obtain from the certifying court a signed st......
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Pierce's Estate, In re, 85
...order is not final is fatal in this kind of appeal, and cannot be overlooked, nor cured by waiver, concession or agreement. Roy v. Roy, 123 Vt. 92, 182 A.2d 337. It is clear from the record that the final account of the administrator had not been, and was not being, settled in the proceedin......