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SCHOLZ v. SCHOLZ

367 Mass. 143 (1975)

324 N.E.2d 617

ELINORE J. SCHOLZ vs. WALTER P. SCHOLZ.

Supreme Judicial Court of Massachusetts, Plymouth.

March 12, 1975.

Attorney(s) appearing for the Case

Felix F. Perrone for the libellee.

Shirley R. Lewis for the libellant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

BRAUCHER, J.

A decree of divorce nisi was granted in the Probate Court, and the libellee husband appealed. The Appeals Court dismissed the appeal because the decree had become absolute on the expiration of six months from the date of entry. Scholz v. Scholz, 2 Mass.App.Ct. 859 (1974). We allowed the husband's application for further appellate review, which asserted that the dismissal was contrary to the decision in Eldridge v. Eldridge,

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