Swain v. Swain

SHARPNACK, Judge.

This case is before us on appellee’s motion to dismiss on the ground that appellant failed to file either a praecipe or motion to correct error within thirty days of the entry of judgment by the trial court. We deny the motion.

Trial to the court on appellee’s complaint resulted in the entry of a judgment in favor of appellee on December 27, 1989. Appel-lee’s counsel learned of the judgment and obtained a copy of it that day. Thirty-three days later on January 29, 1991 he spoke to appellant’s counsel about the judgment in connection with contemplated proceedings supplemental.…