Spence v. Frazier

SIMPSON, Justice.

The Appellee in this case has filed a motion to dismiss the appeal based upon the following:

The final decree in this case was rendered on December 12, 1966. A motion for rehearing was filed within thirty days and was timely continued until June 10, 1967, when a decree was entered overruling the motion for rehearing. This decree will not support an appeal. Equity Rule 62; Money v. Galloway, et al., 236 Ala. 55, 181 So. 252; Scott v. Scott, 247 Ala. 266, 24 So.2d 25; Whitman v. Whitman, 253 Ala. 643, 46 So.2d 422

Thereafter, on June 20, 1967, the appellants filed an appeal bond,…