Bain v. Superior Court

Opinion

KAUS, P. J.

This prohibition proceeding grows out of an ongoing property settlement dispute between Martin F. Bain (“husband”), petitioner in a marriage dissolution action and Elizabeth D. Bain (“wife”). We issued the alternative writ on the husband’s application.

The trial court awarded the wife temporary spousal support, pending the husband’s partial appeal from an interlocutory judgment of dissolution. The husband asserts that the trial court had no jurisdiction to award such temporary support pending appeal, because (1) he has appealed only from the property division portions of the…