Alan T. S. v. Superior Court, 2009 Cal. App. Unpub. LEXIS 2174
Mar 18, 2009OUTCOME: Court of Appeal denied Petitioner's Writ of Mandate challenging an order of the Superior Court of Orange County.
Courts should look at the substance as to whether a temporary support order is directly appealable. [In re Marriage of Skelley (1976) 18 Cal.3d 365, 368 - "Historically, this court has looked to the s ... ubstance of an order pendente lite rather than to chronology or to form, and has held temporary support orders directly appealable.").] In the present case, though, Appellant has presented nothing to indicate that the substance of the attorney fee provision within the April 24, 2007 order (which was nothing more than a box checked on a Judicial Council form, specifying $ 3,500 in amount and giving the name and address of Respondent's attorney) was anything other than a collateral order to pay money for the other party's attorney fees authorized by Family Code Section 2030. As a collateral order it became final when the time to appeal expired without any appeal from it. The Court of Appeal therefore denied the writ in this case (G040870). Respondent will recover her costs in the G040870 writ proceeding.
