Brown v. Brown

Ohio Court of Appeals

Brown v. Brown

15 Ohio Law. Abs. 316, 1933 Ohio Misc. LEXIS 1352

CourtOhio Court of Appeals

DecidedAugust 3, 1933

DocketNo 2347

StatusPublished

Cited by1 cases

This text of 15 Ohio Law. Abs. 316 (Brown v. Brown) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown v. Brown, 15 Ohio Law. Abs. 316, 1933 Ohio Misc. LEXIS 1352 (Ohio Ct. App. 1933).

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Opinions

OPINION

BY THE COURT

Submitted on motion of plaintiff to dismiss the appeal.

Two grounds: First, cause not appeal-able; second, no final order or judgment has been rendered in the Common Pleas Court.

Considering the questions presented in reverse order, we are satisfied that the award of the custody of a minor child upon final hearing of the cause on its merits is a final order from which error may be prosecuted.

That this cause is not appealable is no longer an open question in Ohio. West v West, 100 Oh St, 33, is decisive against the claim of the plaintiff herein. This case went to the Supreme Court from this court. The question presented clearly tested the right of appeal from an order modifying a custodial award of minor children. This court and the Supreme Court both held that such an order was not appealable. The motion to dismiss will therefore be sustained.

HORNBECK, PJ, KUNKLE AND BARNES, JJ, concur.

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