Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

EDWARD F. O'BRIEN v. EDNA O'BRIEN (01/05/87)

filed: January 5, 1987.

EDWARD F. O'BRIEN
v.
EDNA O'BRIEN, APPELLANT



Appeal from the Order of March 3, 1986 in the Court of Common Pleas of Bucks County, Civil Division, at No. A06-82-62384-D-17.

COUNSEL

Paul W. Rauer, Philadelphia, for appellant.

Denis W. Lanotot, Morrisville, for appellee.

Wickersham, Olszewski and Beck, JJ.

Author: Beck

[ 359 Pa. Super. Page 595]

In this divorce case, appellee-husband petitioned for special relief under the Divorce Code of 1980, Pa.Stat.Ann. tit. 23, ยง 403 (Purdon Supp.1986) to prevent appellant-wife from dissipating proceeds from the sale of marital assets. First, it is necessary to consider whether an order granting or denying special relief under the Divorce Code is appealable as of right. We find that an order granting or denying special relief is not appealable as of right.*fn1

On January 21, 1986, the trial court conducted a hearing on husband's petition and made findings of fact. The court ordered the wife to file an accounting within ten days, and further ordered that she not spend, transfer or otherwise dispose of the balance of the proceeds from the sale of marital property. The court determined that violation of the order subjected the wife to the penalty of contempt. Wife filed a timely accounting and a timely motion for post-trial relief pursuant to Pa.R.Civ.P. 1920.52(a) and 227.1

On March 3, 1986, the trial court reaffirmed its previous order of of January 21, 1986. The court then relied on wife's accounting to clarify its order. It directed wife not

[ 359 Pa. Super. Page 596]

    to convey or encumber two vehicles and a house trailer which were paid for in part or in full from marital property proceeds. The order further directed wife not to withdraw any money from two bank accounts, and the order created a $35,000 lien in favor of the husband against all the aforesaid property. This sum represents one-half of the sale price of the marital residence.

The court scheduled an equitable distribution hearing which wife delayed by requesting a postponement. The rescheduling was in process when wife filed this appeal. Thereafter the trial court entered an order reaffirming the order of March 3, 1986. In its opinion the trial court concluded that wife's appeal was premature. We agree.

The Pennsylvania Supreme Court has recognized that the appealability of decisions involving interim relief in divorce actions is an important question. Fried v. Fried, 509 Pa. 89, 91, 501 A.2d 211, 212 (1985). The right to special relief in the instant action is derived from Sections 401(c) and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.