Kahn v. Spencer

SWIFT, Judge.

The appellant, Michael Frank Spencer, has devolutively appealed a judgment of the trial court denying his rule for a change of custody and the elimination of child support. We dismiss the appeal ex proprio motu as being untimely taken.

The judgment of the trial court was signed on February 17, 1981. On February 18, 1981, notice of judgment was mailed to all parties. No application for a new trial was filed. The appeal was perfected on April 7, 1981, more than thirty days after the expiration of the delay for applying for a new trial.

The delay for taking an appeal from a judgment…