Gano v. Gano
Gano v. Gano
Opinion of the Court
Mrs. Gano sued Mr. Gano for a total divorce, child custody, child support and other relief. Mr. Gano answered and counterclaimed seeking a one-half interest in certain properties titled in Mrs. Gano’s name. He filed a lis pendens notice as to these properties. Mrs. Gano, by amended complaint, asked that the lis pendens be
In the case of Evans v. JEB, Inc., Case No. 34264, decided December 6, 1978, this court unanimously held that an appeal from an order striking a portion of a lis pendens was interlocutory
Appeal dismissed.
This holding is a court order and not a formal opinion. For that reason it does not appear in the official published reports, but is reflected by the record in that case in the clerk’s office.
Dissenting Opinion
dissenting.
I respectfully dissent.
Evans v. JEB, Inc., supra, Case No. 34264 decided December 6, 1978, is not controlling. That was an order, which said (in full): "Order: It appearing that the judgment appealed in this case is interlocutory and that no application has been filed or granted, the appeal must be dismissed. Appeal dismissed. All the Justices concur.” In that case there was no appealable order, whereas there is an appealable order here.
The majority has decided that where no enumeration of error is made to the order appealable under § 6-701 (a) (e.g., temporary alimony), the court will not review an order which would have been reviewed under § 6-701 (b). Appellant could have avoided this dismissal simply by urging a spurious enumeration of error that the temporary alimony award was excessive. I commend appellant for not having urged a spurious enumeration. The majority condemn him for it. I therefore dissent.
I am authorized to state that Chief Justice Nichols and Justice Jordan join in this dissent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.