Podes v. Podes

Gunter, Justice.

This is an interlocutory appeal by certificate from a judgment that refused to dismiss appellee’s motion for a new trial.

Appellee’s motion for a new trial was filed after a jury verdict divorcing the parties and awarding alimony to the wife. The trial judge awarded custody of minor children to the appellant and included the custody award in the judgment appealed from.

Appellant contends that the motion for a new trial was not timely filed. The record clearly shows that it was, and this contention has no merit.

Appellant also contends that a motion for a new trial is not the…