J-S34001-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
PAUL J. PHILPOTT, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
MOLLIE MCGINLEY,
Appellee No. 2196 MDA 2014
Appeal from the Order Entered November 25, 2014
In the Court of Common Pleas of Lackawanna County
Domestic Relations at No(s): 13 DR 00868
BEFORE: BOWES, OTT and STABILE, JJ.
JUDGMENT ORDER BY BOWES, J.: FILED JUNE 22, 2015
Paul J. Philpott has appealed pro se from the November 25, 2014
order denying him spousal support in this action for the same. Appellant
admits that there is a pending divorce action between himself and Appellee,
Mollie McGinley. It is established that a spousal support order cannot be
appealed when a divorce action is pending between the parties. The spousal
support order cannot be reviewed until all claims connected with the divorce
are resolved, even if the support order is entered in an action separate from
the divorce lawsuit. Leister v. Leister, 684 A.2d 192, 195 (Pa.Super.
1996) (“a spousal support order entered during the pendency of a
companion divorce action is not appealable until all claims connected with
the divorce action are resolved.”). The order is interlocutory even though it
J-S34001-15
denied a request for spousal support. Shellhamer v. Shellhamer, 688
A.2d 1219 (Pa.Super. 1997); see also. Hoffman v. Hoffman, 762 A.2d
766 (Pa.Super. 2000) (refusing to address appellant’s challenge to denial of
supposal support in connection with appeal wherein we reviewed an award
of child support). Appellant may obtain redress, if spousal support was
improperly denied herein, either in the equitable distribution award itself or
in connection with any appeal from the equitable distribution award entered
in the divorce action.
Appeal quashed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 6/22/2015
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