Kantor v. Kantor

Kantor v. Kantor
1994 OK 132
886 P.2d 480
65 OBJ 4025
Case Number: 84428
Decided: 12/05/1994
Supreme Court of Oklahoma

JONATHAN H. KANTOR, APPELLANT,
v.
SYDNEY PAIGE KANTOR, APPELLEE.

CORRECTION ORDER

¶1 Appellee's motion to dismiss is granted and this appeal is dismissed. The trial judge's September 9, 1994 order, which orders appellant to pay appellee's attorney fees during the pendency of their divorce action, is not appealable. Nuckolls v. Nuckolls, 356 P.2d 1089 (Okl. 1960).

¶2 The provisions of 12 O.S.Supp. 1993 § 993 (A)(5), by which orders directing the payment of money pendente lite are appealable, do not apply to temporary support orders or orders for the payment of temporary attorney fees in matrimonial cases. The latter are predicated on the general duty of parental or spousal support.

¶3 All Justices concur.

/s/ Ralph B. Hodges

Chief Justice