Hallmark v. Hallmark

The trial court divorced the parties and the wife filed a motion for new trial. In response to this motion, the trial court amended a property settlement which was incorporated into the decree of divorce.

The husband appeals contending the trial court had no authority to amend the judgment. We agree and reverse and remand.

The record reveals the following: The trial court entered a final decree of divorce on December 20, 1978. The wife's motion, designated as a motion for new trial, was certified as having been served on January 19, 1979, the 19th being the thirtieth day after the divorce…