Estate of Lerman

Joseph Lerman appeals from the order, pursuant to M.R.Civ.P. 41(b), of the Superi- or Court, acting as the Supreme Court of Probate, dismissing his appeal from a default judgment entered in the Cumberland County Probate Court.

On January 26, 1979, the Probate Court entered a default judgment against appellant in an action brought by Russell Ler-man. On January 25, 1980, appellant Joseph Lerman filed with the Probate Court an appeal and reasons for appeal, pursuant to 4 M.R.S.A. § 401 (1979), 1 and on the same date the matter was docketed in the Superior Court. Appellant took no further action…