In Re Estate of Lowry

OPINION

By BARNES, J.

The above entitled cause is now being determined on motion to dismiss the appeal for the reason that no motion for new trial was filed in the trial court, and by reason thereof the cause can not be reviewed on the weight of the evidence, it appearing that a determination of any and all of the assignments of error requires a weighing of the evidence. If we concede all that is claimed in appellee’s motion, it would not be correct procedure to dismiss the appeal, but rather the judgment of the trial court would be affirmed.

Counsel for appellant, in their brief, contra the…