Lester v. Lester

Reluctantly, I concur in the dismissal of this appeal although I commend the dissenting opinion’s recitation of the law with regard to custody cases. However, I believe that, under existing law, dismissal is in order here since the award of custody was temporary in nature with a final decision pending, upon further presentation of proof.

Historically, cases which focused on the appealability of custody orders concerning children held that a decree awarding or changing custody of children is a final decree from which an appeal may be taken. See Walker v. Eldridge, 219 Ark 35, 240 S.W.2d 43…