In Re the Marriage of Bryant

Julia Kay Bryant (Julia) appeals from the deemed denial by the Eighth Judicial District Court, Cascade County, of her motion to set aside its order granting Jeffrey Richard Bryant’s (Jeffrey) Rule 59, M.R.Civ.P., motion and its subsequent order nunc pro tunc. Jeffrey cross-appeals from the District Court’s findings, conclusions and order of August 30, 1994, the order on his Rule 59 motion and the order nunc pro tunc. We affirm.

We restate the issues on appeal and cross-appeal as follows:

1. Is Julia’s appeal properly before us?

2. Did the District Court err in denying Julia’s motion to set aside?