Marriage of Rex v. Rex

Husband appeals from an order dated September 24,1980, which imposed a sanction of $400 in attorney fees to be paid by him to wife’s counsel as a condition precedent to setting aside a default entered against him on August 4, 1980.

Two issues are presented to this Court: First, whether the notice of appeal was filed in a timely manner; secondly, whether the District Court abused its discretion in imposing a sanction of attorney fees as a condition precedent to setting aside the default.

On August 4, 1980, hearing was held by the District Court on two consolidated motions offered by respondent…