Small v. Small

Summary

The court held that an order denying a post-decretal petition to modify alimony and child custody was final in nature because it adjudicated the petitioner’s claim of changed circumstances and precluded relitigation of the same facts. Accordingly, the timely petition for rehearing tolled the appeal period, and the appeal was timely even though the order arose after the original divorce judgment. The court quashed the dismissal and directed reinstatement of the appeal.