Lester v. Lester

I cannot agree to the dismissal of this appeal. The majority opinion states “we cannot review this case on appeal because the order appealed from, the denial of appellant’s motion to set aside the ex parte order for lack of jurisdiction, is not a final order.”

Before discussing the merits of this statement, I would point out that at the hearing on the appellant’s motion, evidence was presented which disclosed that the parties had been divorced by the trial court in October of 1991, and the appellant had been awarded custody of a child who was then ten years old; that the appellant then moved…