# Lester v. Lester

> Court of Appeals of Arkansas · December 14, 1994 · 48 Ark. App. 40

URL: https://www.frixlaw.com/law-library/cases/6552187

## Case

- **Full name:** Martha LESTER (Colby) v. Dwight P. LESTER, Jr.
- **Court:** Court of Appeals of Arkansas
- **Decided:** December 14, 1994
- **Citations:** 48 Ark. App. 40; 889 S.W.2d 42; 1994 Ark. App. LEXIS 585
- **Precedential status:** Published
- **Opinion:** Concurrence by Pittman
- **Judges:** Mayfield, Pittman, Robbins, Rogers
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6552187

## Opinion text

John Mauzy Pittman, Judge, concurring. I concur in the result reached in the majority opinion. However, I believe that the decision fails to explain that the appealability of the order denying the post-trial motion depends on whether appellant could have appealed from the ex parte order (which the post-trial motion had sought to set aside). Based on the facts presented, I believe the ex parte order would have been unappealable. See Chancellor v. Chancellor, 282 Ark. 227 , 667 S.W.2d 950 (1984); Jones v. Jones, 41 Ark. App. 146 , 852 S.W.2d 325 (1993). Therefore, I believe that the order denying the post-trial motion was unappealable.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6552187. Public record. Not legal advice.