Taylor v. Taylor
Taylor v. Taylor
Opinion of the Court
This is an appeal from an order of the Court of Common Pleas of Delaware County. The appellant, husband, asserts inter alia that the lower court abused its discretion by “mechanically dividing” the parties’ marital assets, and awarding the appellee, wife, permanent alimony. We affirm.
Appellee instituted an action in divorce alleging an irretrievably broken marriage pursuant to Section 201(c) of the Pennsylvania Divorce Code.
The court awarded appellant the residue of his major league pension, and all awards, bats, gloves, and pictures acquired during his career. It is from this order that appellant filed the instant appeal.
Unfortunately the issues raised by appellant here cannot be reviewed by this Court. Pa.R.Civ.P. 1920.52(a) requires that the post-trial practice and procedure of all claims involving marital property or alimony shall be in accordance with Rules of Civil Procedure 227.1 to 227.4, which require post-trial exceptions to be filed in order to preserve issues on appeal. As Judge Cavanaugh indicated in Carangelo v. Carangelo, 321 Pa.Super. 219, 467 A.2d 1333 (1983) (en banc), and more recently in Sutliff v. Sutliff, 326 Pa.Super. 496, 474 A.2d 599 (1984) (en banc), where appellant fails to file exceptions to the order of the trial court, the issues raised with respect to the merits of the order are waived. Id., 321 Pa.Super. at 223, 467 A.2d at 1335.
In the case at bar appellant failed to file exceptions to the order of the trial court. Instead, appellant filed a direct appeal to this Court. Therefore the issues raised on the appeal are waived. Accordingly we must affirm the order of the lower court.
AFFIRMED.
. The New Divorce Code provides:
It shall be lawful for the court to grant a divorce where a complaint has been filed alleging that the marriage is irretrievably broken and 90 days have elapsed from the date of filing of the complaint and an affidavit has been filed by each of the parties evidencing that each of the parties consents to the divorce.
The Act of April 2, 1980, P.L. 63, No. 26, § 201; 23 P.S. § 201(c).
Concurring Opinion
concurring:
As the majority notes, appellant failed to file exceptions to the order of the trial court. Rather, appellant appealed directly from the order of August 14, 1984, but before a final order was entered pursuant to Pa.R.C.P. 227.4. On
Reference
- Full Case Name
- Nilda Marcia Martinez Hernandez TAYLOR A/K/A Nilda Marcia Taylor v. Antonio Nemesio TAYLOR A/K/A Tony Taylor, Appellant
- Cited By
- 9 cases
- Status
- Published