Carneal v. Carneal

Carolyn T. Carneal brought this suit in November 1966 to divorce her husband, James D. Carneal, III, on the ground of constructive desertion or cruelty. By a final decree entered April 29, 1968, the trial court awarded her a divorce, custody of the two minor children, and alimony and support money. We awarded James an appeal.

Carolyn’s counsel moves us to dismiss the appeal for noncompliance with our Rule 5:1, § 4, which requires that a notice of appeal and assignments of error be filed within sixty days after the date of the decree appealed from. The divorce decree was entered April 29, 1968,…