Vehle v. Vehle

CRAMER, Justice. This is a cost bond appeal from a judgment of divorce between the parties, a partition of the community property, and the awarding of custody of their two minor children, Otto M. Vehle, Jr. and Vicki Marie Vehle, to appellee. After the record was filed here, an order was entered by the District Court on a new application changing the custody of the children, during the pendency of this appeal, from appellee to appellant. Before said temporary order was enforced, appellee applied to this Court for a stay of such order, asserting that the trial court had no jurisdiction to enter such order pending the appeal, and further, that unless such order was stayed, appellee would be materially prejudiced and affected during the pendency of this appeal. We ordered the parties to maintain the status quo pending a hearing thereon; and the hearing having been held, the matter is now before us for the disposition of the above motion.