Schroth v. Morice

GULOTTA, Judge.

In this writ application, the relator-husband complains that the trial judge erroneously issued an ex-parte order designating the effective date for termination of the community as the date of the filing of a second supplemental and amended petition for divorce (July 28, 1980), rather than the date of the earlier filed petition for separation from bed and board (July 27, 1979). Specifically, relator claims: 1) the notary was not the proper party to move the court for the determination of the effective date; *10042) a contradictory hearing should have been held by the trial judge…