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Kennedy v. Kennedy

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eBook details

  • Title: Kennedy v. Kennedy
  • Author : Supreme Court of Wyoming
  • Release Date : January 02, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

The initial question before us is whether or not under the circumstances hereafter - Page 517 delineated an appeal could be allowed from the entry of an amended judgment. On January 8, 1970, the trial court issued "Amended Findings, Decree, Orders and Judgment, as Per Findings and Order of Supreme Court Filed in the Office of the Clerk Thereof on July 7, 1969 and the Mandate on Reversal or Modification Dated August 18, 1969, Filed Herein August 19, 1969." Plaintiff on February 9, 1970, filed a timely notice of appeal and subsequently ordered transcript and filed his designation. On March 9, 1970, he moved for an order setting aside the January 8 order "by and for the reason that there exists mistake, surprise, excusable neglect, and that justice requires the same," which motion was set for hearing March 11, 1970. Although the record on appeal should have been filed April 10, 1970, plaintiff did not further pursue his appeal. On April 16, 1970, the trial judge entered an order reciting, inter alia:


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