Opinion
April 9, 1973.
June 14, 1973.
Appeals — Support order — Arrearages — Death of appellant after oral argument — Order on appeal not prejudicial to other rights of decedent's estate.
In this case, in which it appeared that at oral argument defendant contended that the lower court erroneously entered a judgment of arrearages from a support order without affording him an evidentiary hearing to determine his financial ability to pay the judgment; and that, subsequent to argument, defendant died; it was Held that the holding of the appellate court affirming the order of the court below should not be dispositive of or prejudicial to any right of decedent's estate to appeal on grounds other than that argued by decedent in the instant appeal.
Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, CERCONE, and SPAETH, JJ.
Appeal, No. 365, April T., 1971, from order of Court of Common Pleas, Family Division, of Allegheny County, No. C-687 of 1968, in case of Olga Cumberledge v. Jack E. Cumberledge. Order affirmed.
Nonsupport. Before GUFFEY, J.
Judgment entered on arrearages in amount of $2,500. Defendant, husband, appealed.
Michael A. Donadee, for appellant.
No oral argument was made, nor brief submitted for appellee.
Argued April 9, 1973.
At oral argument, appellant contended that the lower court erroneously entered a judgment of arrearages from a support order without affording him an evidentiary hearing to determine financial ability to pay said judgment. Subsequent to argument, this Court was informed that appellant had died, and that therefore, an evidentiary hearing became moot.
As this appeal was limited to the issue of the right to have a hearing despite the existence of arrearages, our holding in the instant case should not be dispositive of or prejudicial to any right of decedent's estate to appeal on other grounds.
Order affirmed.