# Brown v. Brown

> Ohio Court of Appeals · August 3, 1933 · 15 Ohio Law. Abs. 316

URL: https://www.frixlaw.com/law-library/cases/6744144

## Case

- **Full name:** BROWN v. BROWN
- **Court:** Ohio Court of Appeals
- **Decided:** August 3, 1933
- **Citations:** 15 Ohio Law. Abs. 316; 1933 Ohio Misc. LEXIS 1352
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Barnes, Hornbeck, Kunkle
- **Cited by:** 1 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/6744144

## Opinion text

OPINION
BY THE COURT
Submitted on motion of plaintiff to dismiss the appeal.
Two grounds: First, cause not appeal-able; second, no final order or judgment has been rendered in the Common Pleas Court.
Considering the questions presented in reverse order, we are satisfied that the award of the custody of a minor child upon final hearing of the cause on its merits is a final order from which error may be prosecuted.
That this cause is not appealable is no longer an open question in Ohio. West v West, 100 Oh St, 33, is decisive against the claim of the plaintiff herein. This case went to the Supreme Court from this court. The question presented clearly tested the right of appeal from an order modifying a custodial award of minor children. This court and the Supreme Court both held that such an order was not appealable. The motion to dismiss will therefore be sustained.
HORNBECK, PJ, KUNKLE AND BARNES, JJ, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6744144. Public record. Not legal advice.