Donoghue v. Donoghue

The plaintiff (wife) filed a complaint for divorce in a Probate Court. The defendant (husband) in that case moved to dismiss the wife’s complaint and brought the companion case, also a complaint for divorce, in the same court. 1. The husband’s appeal from the order denying his motion to dismiss is an interlocutory appeal. Absent special authorization, interlocutory orders are not ripe for appellate review (see e.g., Pollack v. Kelly, 372 Mass. 469, 470-472 [1977], and cases cited; compare Mass.R.Dom.Rel.P. 64 [1975]); however, the question raised by this motion is now open on the appeal from…