Renbarger v. Renbarger

LAVENDER, Vice Chief Justice.

In a divorce action a modified temporary order pendente lite was issued in which determination was made that a common law marriage existed between the parties. At the later trial appellant sought to present additional evidence on the issue. The trial judge refused to hear the evidence or reconsider the issue because of the earlier ruling contained in the modified temporary order. We decide whether the trial court erred by refusing to allow the evidence or reconsider the issue. We hold the trial court erred because the initial ruling in the modified temporary order…