IN RE MARRIAGE OF FOSTER

No. 77-023.

564 P.2d 429 (1977)

In re the Marriage of Ruth M. FOSTER, Appellee, and Herbert M. Foster, Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 31, 1977.

Certiorari Denied May 23, 1977.


Attorney(s) appearing for the Case

Edward A. Jersin, Davis W. Moore, Jr., Denver, for appellee.

George J. Duckworth, Denver, for appellant.


ENOCH, Judge.

Appellee, Ruth M. Foster, moves to dismiss the appeal of appellant, Herbert M. Foster, on the grounds that appellant's notice of appeal was not timely filed. We deny the motion.

This is a domestic relations case in which there were contested issues of fact. The final judgment was entered on April 23, 1976. The husband filed a timely motion to alter or amend judgment or in the alternative, for a new trial. This motion was denied on September 1...

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