Morris v. Morris

OPINION

McDONALD, Chief Justice.

Appellant has filed motion to file transcript and further moves “that his motion for new trial be construed as timely filed”; thus causing the transcript to be timely received.

Appellee and appellant were decreed a divorce on December 5, 1980.

Appellant filed motion for new trial 13 days later on December 18, 1980. The trial court purported to overrule such motion for new trial on January 21, 1981. Appellant gave notice of appeal on February 9, 1981 and filed an affidavit of inability to pay costs on February 17, 1981.

Rule 329b TRCP in effect at that time required…