In the Matter of Estate of Heimbach

ORDER

Appellees’ motion to dismiss is denied with prejudice to its reargument. 12 O.S.1991 Supp. § 653 provides that a motion for new trial must be filed within ten days after the decision is rendered. Appellant’s motion to modify, which was filed within ten days after the filing of the judgment, but more than ten days after its pronouncement, is not a timely post-judgment motion that would extend the appeal time until after the disposition of the motion. Appellees’ motion to dismiss is nonetheless denied. This court will permit review of the underlying judgment. This is so because the changes…