Smith v. Canada

This is an action for custody of a minor child, Trina D. Smith, brought by her mother, Karen Canada, against appellee (defendant) Dorothea Canada. The child had lived with appellee virtually since birth. Custody of the child was awarded to appel-lee. In so doing the trial court wrote a persuasive memorandum opinion accompanied by an order dated May 11, 1972. Thereafter, on July 18, 1972, appellant filed a motion to vacate that order invoking Super.Ct.Civ.R. 59 (new trial) and 60(b). The motion was denied by the trial court on August 18, 1972, and notice of appeal was for the first time filed…