Noble v. Noble

WRIGHT, Presiding Judge.

Appeal is brought by defendant from a final decree in a divorce action and from denial of motion for rehearing.

Motion to dismiss the appeal has been made by plaintiff. The theory of the motion is that as the motion for rehearing was not ruled upon by the court for more than 90 days after its filing, the motion became discontinued. The discontinuance of the motion for rehearing caused the time for taking appeal not to be suspended. According to plaintiff’s theory, such circumstances would cause the beginning of time for taking an appeal to revert back to the date of the…