Kelly v. Kelly (Majority)Annotate this Case
Owen and Mandy Kelly divorced by a decree. The circuit court divided the marital property, awarded primary custody of the children to Mandy and ordered Owen to pay child support and alimony. Owen sought to appeal the award of alimony. The court of appeals dismissed without prejudice, holding that the divorce decree was not final for purposes of appeal because it contemplated further action in regard to the former marital residence. The Supreme Court vacated the opinion of the court of appeals, holding that because the decree did not specifically contemplate further judicial action or direct the parties to return to court for final resolution on any issue, the court made a final disposition regarding the parties’ marital home, and the divorce decree was a final, appealable order.