Rose v. Rose

This matter comes before us on the motion of plaintiff-appellee herein, to dismiss the appeal on the ground that appellant, defendant below, has “failed to meet the statutory requirements for properly perfecting an appeal.”

The record shows that on October 15, 1969, a decree denying plaintiff a divorce but granting defendant’s prayer for alimony was entered. On October 16, 1969, a motion for a new trial was filed by defendant. On December 2, 1969, the court overruled the motion for a new trial. However, on December 30, 1969, the court made the following order:

“The court within the same term…