Strate v. Strate

On Appellee’s Motion to Dismiss

This matter is before us on the appellee’s Motion to Dismiss.

*33It appears from the record that this was a cause of action for divorce. After trial, the trial court found for the plaintiff-appellant and entered judgment on August 13, 1969. Thereafter, on November 10, 1969, the plaintiff filed a Petition To Vacate and Modify and Set Aside Part of Judgment. At no time in this interval did the plaintiff file a motion for new trial.

Appellee’s Motion to Dismiss alleges as cause therefor that the filing of a motion for new trial within thirty days from the court’s…