Gordon v. Gordon

TAYLOR, Judge.

This is a motion by the defendant, ap-pellee, Mrs. Roslyn Lepow Gordon, to dismiss the appeal of the plaintiff, Donald Gordon, appellant.

The record discloses that a judgment on a motion to fix the value of the community interest of Mrs. Roslyn Lepow Gordon and to withdraw funds was rendered on February 6, 1970.

A suspensive appeal was timely taken and the original return date was set for April 15, 1970. The Clerk of Court subsequently obtained six extensions on the return date, the last return date being September 29, 1970.

An affidavit dated November 23, 1970 by a deputy clerk of…