Enyart v. Comfort

BARNES, Justice:

Petitioner, Donna Marie Enyart, has petitioned this Court to assume original jurisdiction and grant a Writ of Mandamus, requiring the Respondent Trial Judge to hear and consider her motion to modify child custody provisions of a divorce decree.

After Petitioner had filed her motion to modify child custody, based on changes in conditions which occurred subsequent to the last adjudication of custody, the Trial Court dismissed the motion, holding that it lacked jurisdiction to entertain such a motion while its latest Order awarding custody was pending review on appeal.

We hold that…