Marriage of Smith v. Smith

KELLY, Presiding Judge.

Appellant, Adam Smith, appeals from the trial court’s order finding him in civil contempt. We dismiss the appeal without prejudice as premature.

The parties to this action were divorced in April, 1982. On May 25,1982, Mr. Smith filed his notice of appeal from the dissolution decree. In September, 1982, the former wife filed a petition to cite for contempt and for a mandatory injunction to transfer marital property pursuant to the dissolution decree. Mr. Smith moved to dismiss for lack of subject matter jurisdiction due to the pendency of his appeal from the dissolution…