Opinion
Opinion Filed May 23, 1962
Appeal and Error.
1. The Supreme Court is without jurisdiction to hear an appeal until final judgment has been entered, unless permission under 12 V.S.A. § 2386 has been asked and given.
Libel for Divorce. In Chittenden County Court, September Term, 1961, Sylvester, J., presiding, temporary support was denied and the libellant appealed. Appeal dismissed.
Thomas M. Reeves for the libellant.
A. Pearley Feen and R. Allen Paul for the libellee.
May Term, 1962
Present: Hulburd, C. J., Holden, Shangraw, Barney and Smith, JJ.
Pending hearing of her divorce libel on the merits, the libellant sought temporary support before the county court. When she was unsuccessful, she filed a notice of appeal under the provisions of 12 V.S.A. § 2382. No permission to bring the cause here before final judgment under 12 V.S.A. § 2386 was asked or given.
The order appealed from was not a final judgment. The nature of the proceeding and the relief sought indentifies its interlocutory nature. Disposition of such an attempted appeal is governed by Murphy Motor Sales v. First National Bank, 121 Vt. 404, 159 A.2d 94, which declares this Court to be without jurisdiction in such circumstances.
Appeal dismissed.