Judd v. Judd

MONTGOMERY, Judge.

Judgment in a divorce action instituted by Holline Judd was entered December 12, 1963. Gene E. Judd has sought to appeal therefrom. The appellee has moved to dismiss the appeal because it was not perfected timely.

The statement of appeal and transcript of the record were filed August 19, 1964. Appellant contends that his appeal is timely and claims that the time for filing an appeal was tolled by the filing on March 25, 1964, of a motion to set aside and vacate the judgment, which motion was overruled on April 27, 1964.

In the March 25, 1964 motion, reference is made to an…