Werner v. Werner

• This case is before us on a motion of appellee to dismiss the appeal. We dismiss the appeal but direct the trial court to vacate his order striking appellant’s dismissal of his divorce action and to reinstate the dismissal of the action.

Appellant filed a petition for divorce September -1, 1970, and obtained personal service on the appellee in Fort Collins, Colorado. Appellee filed a demurrer October 5, and an application for temporary alimony, custody of children, support, and attorney’s ■ fee - October 6. Appellant at all times herein has had custody of the children. ■ Neither the demurrer…