Clayton v. Clayton

This appeal arises out of a motion to modify the child custody provisions of a dissolution decree. In the decree, the wife was granted custody of the parties’ two minor children. The husband filed a motion to modify the custody award. The court granted this motion, awarding custody of the children to the husband and granting the wife temporary custody and visitation rights. Eight days later, the wife filed a motion for a new trial. Fifty days after this, the court granted the wife’s motion and ordered a new trial.1 Twenty-five days after this order, the husband filed his notice of appeal from…