Mossel v. Mossel

LETTS, Chief Judge.

In the Final Judgment of Dissolution of Marriage rendered in 1977, the wife was given sole use of the marital home for an unspecified period of time subject to the right of partition at a later date. No appeal was taken from that judgment. In 1981, the husband filed a complaint for partition and the court struck two paragraphs of the wife’s affirmative defenses thereto and dismissed her counterclaim. The order gave her twenty days within which to amend. She now appeals that order.

An order dismissing a complaint with leave to amend is a non-appealable non-final order Petnuch…