McDonald v. McDonald

Ness, Justice:

Appellant Paul Max McDonald appeals from an order dismissing his complaint for lack of subject matter jurisdiction. We affirm.

Respondent Carolyn Sayers McDonald petitioned the family court for separate maintenance and support. She alleged ownership of the marital residence and asked the court to order appellant to vacate the premises. Appellant answered claiming an equitable interest in the residence. Respondent replied denying appellant had any such interest. The family court, after a pendente lite hearing, ordered appellant to vacate the house pending a final determination on…