Scholz v. Scholz

A decree of divorce nisi was granted in the Probate Court, and the libellee husband appealed. The Appeals Court dismissed the appeal because the decree had become absolute on the expiration of six months from the date of entry. Scholz v. Scholz, 2 Mass. App. Ct. 859 (1974). We allowed the husband’s application for further appellate review, which asserted that the dismissal was contrary to the decision in Eldridge v. Eldridge, 278 Mass. 309, 313 (1932). We hold that the appeal must be dismissed.

The record discloses that the wife filed the divorce libel on October 7, 1971. The decree nisi was…