SIMMONS v. SIMMONS

Civ. 2110.

390 So.2d 622 (1980)

Linda W. SIMMONS v. Clarence SIMMONS, Jr.

Court of Civil Appeals of Alabama.

Rehearing Denied August 6, 1980.


Attorney(s) appearing for the Case

M. Douglas Ghee of Agee & Ghee, Anniston, for appellant.

George C. Hawkins, Gadsden, for appellee.


WRIGHT, Presiding Judge.

This is a divorce case. The issue is whether by operation of Rule 59.1, ARCP and Rule 4, ARAP, the appeal herein was untimely filed.

The wife filed a complaint for divorce on September 28, 1978. On May 1, 1979, final judgment was entered awarding custody of the parties' minor children to the wife, ordering child support and alimony payments by the husband and making a division of the parties' property.

On May 30, 1979, the...

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