Kantor v. Kantor

Supreme Court of Oklahoma

Decided December 5, 1994

Supreme Court of Oklahoma · decided 1994-12-05

Cited by 2 later decisions — most recently December 2009

2 state decisions

Key passage — most relied on by later courts

“The provisions of 12 O.S.Supp.1993 § 993(A)(5), by which orders directing the payment of money pendente lite are appealable, do not apply to temporary support orders or orders for the payment of temporary attorney fees in matrimonial cases. The latter are predicated on the general duty of parental or spousal support.”

quoted by 1 later decision, including Powers v. DISTRICT COURT OF TULSA COUNTY

Relies on Nuckolls v. Nuckolls

Good law ✅— No negative treatment on recordhow we know

Decided 1994-12-05

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¶1CORRECTION ORDER

¶2Appellee’s motion to dismiss is granted and this appeal is dismissed. The trial judge’s September 9, 1994 order, which orders appellant to pay appellee’s attorney fees during the pendency of their divorce action, is not appealable. Nuckolls v. Nuckolls, 356 P.2d 1089 (Okl.1960).

¶3The provisions of 12 O.S.Supp.1993 § 993(A)(5), by which orders directing the payment of money pendente lite are appeal-able, do not apply to temporary support orders or orders for the payment of temporary attorney fees in matrimonial cases. The latter are predicated on the general duty of parental or spousal support.

*481All Justices concur./s/ Ralph B. Hodges Chief Justice