Simmons v. Simmons

This is a divorce case. The issue is whether by operation of Rule 59.1, ARCP and Rule 4, ARAP, the appeal herein was untimely filed.

The wife filed a complaint for divorce on September 28, 1978. On May 1, 1979, final judgment was entered awarding custody of the parties' minor children to the wife, ordering child support and alimony payments by the husband and making a division of the parties' property.

On May 30, 1979, the wife filed a post-trial motion seeking a new trial, reconsideration and modification of the judgment, or relief from judgment pursuant to Rule 60 (a), (b), ARCP. On August…