Miller v. Banks

On a former day of this term, the appeal in this case was dismissed because appellant had not filed his briefs as required by law. See 276 S. W. 768.

Appellant later moved to reinstate the appeal, asserting that the record presents fundamental error. We granted the motion for the purpose only of determining whether fundamental error is presented.

The contest involves the custody of Raymond Miller and Robert Miller, two minor sons of appellant. Appellee is the sister of appellant’s first wife, now deceased, who was the mother of the minors. The trial court awarded the custody of the minors to…