Opinion
M. P. No. 74-203.
October 4, 1974.
Petition for writ of certiorari seeking a review of the Family Court's denial of the petitioner's motion to modify a final decree of divorce. Supreme Court, pending determination of this petition, stayed the respondent's effort to foreclose a mortgage she holds on the petitioner's real estate. The same issue which is sought to be reviewed in Supreme Court can be reviewed in an appeal that has been filed in the Family Court by the petitioner.
Accordingly, it is ordered as follows:
1. The petition for certiorari is denied and dismissed.
2. The stay previously entered in this cause is vacated.
3. The action taken is without prejudice to the petitioner's right to take the necessary steps to obtain another stay pursuant to Rule 8 pending a disposition of his appeal.
James P. Flynn, for petitioner.
Milton Stanzler, for respondent.