Abbott v. Potter

I concur in the judgment reversing the trial court’s entry, but for the following reasons. Initially, I note that there is some issue as to the appealability of the court’s December 31, 1990 entry where the issue of child support was not resolved. See Tismo v. Tismo (Aug. 28, 1990), Lawrence App. No. 1917, unreported, 1990 WL 127064; but, see, Shull v. Shull (July 31, 1991), Greene App. No. 89CA89, unreported, 1990 WL 115983. Assuming a final, appealable order, I agree that the trial court erred in refusing to hold a jury trial.

In Smyth v. Shyne (Oct. 18, 1991), Montgomery App. No. 12778,…