Moe v. Moe

Robert Moe appealed from a Third Amended Judgment and Decree entered by the district court on December 29, 1989, modifying the child support provisions of a prior judgment. We dismiss the appeal.

The appellee, Nancy Moe, requests us to dismiss this appeal on the ground that Robert failed to file a timely notice of appeal.

Although there is no record evidence that a notice of entry of the Third Amended Judgment and Decree was served upon Robert, his attorney conceded during oral arguments that such notice was mailed on December 29, 1989, and was received on January 2, 1990. Service by mail is…