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eBook details

• Title: Pinkard v. Pinkard
• Author : Virginia Court of Appeals
• Release Date : January 01, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Both orders by the trial court were made pursuant to Code § 20-103, which provides for the authority to award support and maintenance of the parties pending the divorce proceeding. The trial courts action only made provisions relevant to circumstances of the parties pending the divorce. The trial judge did not adjudicate any issue raised in the pleadings that would of necessity affect the final order in the case. See Lee v. Lee, 142 Va. 244, 251-52, 128 S.E. 524, 527 (1925). To adjudicate the principles of a cause, the decree must determine the rules by which the court will determine the rights of the parties. Id. at 252, 128 S.E. at 527. The decree must determine that "the rules or methods which the rights of the parties are to be finally worked out have been so far determined that it is only necessary to apply those rules or methods to the facts of the case in order to ascertain the relative rights of the parties, with regard to the subject matter of the suit." Id. at 252-53, 128 S.E. at 527; see also Weizenbaum v. Weizenbaum, 12 Va. App. 899, 407 S.E.2d 37 (1991) (where the legal principles determined in an interlocutory order were held to substantially dictate the final order in the case). Further, in addressing this issue, the Supreme Court has held that an award of pendente lite support in a suit between parties is an interlocutory order that does not adjudicate the principles of a cause and is therefore not appealable. Beatty v. Beatty, 105 Va. 213, 53 S.E. 2 (1906).

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