Taggart v. Taggart
Taggart v. Taggart
Opinion of the Court
Appellant has taken this appeal from an order directing him to pay support to his wife and daughter in the amount of Two Hundred Dollars ($200.00) per week. Since the order appealed from is not a final order of support, we are compelled—as the parties themselves concede we must—to quash the appeal.
Appellee filed a complaint under the Civil Procedural Support law against appellant on December 27, 1979, seeking support for herself and her child. After a hearing on March 20, 1980, the Court of Common Pleas entered an order dated March 25, 1980, directing appellant to pay Two Hundred Dollars ($200.00) per week for the support of his wife and one child and directing that he receive credit toward the full amount of the support order for payments made on the mortgage, taxes and insurance in connection with the family home. Appellant thereafter filed a petition
We are further constrained to observe that disposition of the exceptions and the entry of a final and appealable order of support will not cure the inadequacy of the record before us. At the time of the proceedings in the Common Pleas Court, the practice in non-support hearings was to refrain from making a stenographic record unless counsel for either party requested that a stenographic
The official sténographers of the several courts of common pleas, when engaged in such courts or in the courts of oyer and terminer, general jail delivery and quarter sessions of the peace, shall take full stenographic notes of the testimony in all judicial proceedings in any trial of fact, at law or in equity, together with the judge’s charge, and of any and every ruling, order, or remark of the trial judge, or judges, relating to the case on trial, made in the presence of the jury, in any stage of the proceedings, to which ruling, order or remark either party may except in the same manner and with the same effect as is now practiced in relation to the judge’s charge; and upon any trial without a jury, shall likewise report the proceedings, including the testimony of all witnesses examined and matters offered in evidence, and the rulings of the court upon the admission or rejection thereof, and the findings of the court. And it shall also be the duty of such stenographers to take full stenographic notes of such other matters, in connection with the business of the courts as the judges of the respective courts, from time to time, may direct.
We concluded in Mansfield that the Act of May 1, 1907 remains in effect despite its repeal by the Judiciary Act of 1976, Act of July 9, 1976, P.L. 586, No. 142, 42 Pa.C.S.A. § 101 et seq., because § 1722(a) of the Judicial Code provides that such repealed statutes were to be suspended only to the extent that they were inconsistent with rules proscribed under § 1722(a). Since no such inconsistent rule had been promulgated, we concluded that the necessary implication of this provision was that the statute in question was not suspended and still remains in effect, thus requiring a stenographic record of support hearings.
Thus, were we to have jurisdiction of this appeal, it would, nonetheless, be necessary for this court to reverse
So ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.