# Lyall v. Lyall

> Superior Court of Pennsylvania · March 29, 1976 · 240 Pa. Super. 649

URL: https://www.frixlaw.com/law-library/cases/9712683

## Case

- **Full name:** Lyall v. Lyall, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 29, 1976
- **Citations:** 240 Pa. Super. 649; 361 A.2d 367; 1976 Pa. Super. LEXIS 1913
- **Precedential status:** Published
- **Opinion:** Concurring in part by Voort
- **Judges:** Spaeth, Van Voort, Watkins, Jacobs, Hoffman, Cercone, Price, Van Voort Spaeth
- **Cited by:** 8 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/9712683

## Opinion text

*656 Concurring and Dissenting Opinion by
Van der Voort, J.:
While I concur in the Opinion of the majority remanding the case, and agree that the instant factual situation calls for application of 23 P.S. §48, I dissent to the within disposition. Since 23 P.S. §48 was not considered below, I would not rely upon the stipulation as grounds for a current support order. Rather, I would vacate the decree in divorce upon the condition that appellant file an application under 23 P.S. §48 for permanent support, and engage in a hearing. The purpose of this hearing would be to allow the lower court to determine whether or not an allowance for appellant’s support shall be decreed and then whether or not a decree in divorce shall be re-issued and if re-issued, it should stand affirmed. In the event that such application for alimony be not made within thirty days, the order granting the decree in divorce would be reinstated and affirmed.
CERCONE, J., joins in this concurring and dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9712683. Public record. Not legal advice.