13 Mass. App. Ct. 1010 | Mass. App. Ct. | 1982
Neila A. Trupiano (the wife) on March 2, 1981, brought in a Probate Court this proceeding seeking a divorce from her husband Anthony (the husband). After some investigation by a probation officer and after hearing, the probate judge awarded the wife temporary custody of Lynne, the minor child of the Trupianos. Notice of appeal from interlocutory orders on custody was filed by the husband on May 4, 1981, and the appeal was entered on July 8, 1981, in the office of the clerk of this court. The wife filed in the Probate Court on July 6,1981, a motion to dismiss the appeal. This was denied by the probate judge on July 13, 1981.
It appears that the husband failed to return Lynne to the wife after the child had been with him. At the arguments before this court, it was stated (without contradiction) by the husband’s present counsel that the husband has not returned the child and now is in parts unknown. We need not consider whether this appeal (under the first paragraph of G. L.
So ordered.