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IN RE MARRIAGE OF REX

No. 81-304.

649 P.2d 460 (1982)

In re the MARRIAGE of Patricia A. REX, Plaintiff and Respondent, and Calvin T. Rex, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1982.

Attorney(s) appearing for the Case

Morales, Volinkaty & Harr, Missoula, for defendant and appellant.

Anthony Keast, Missoula, for plaintiff and respondent.

HASWELL, Chief Justice.

Husband appeals from an order dated September 24, 1980, which imposed a sanction of $400 in attorney fees to be paid by him to wife's counsel as a condition precedent to setting aside a default entered against him on August 4, 1980.

Two issues are presented to this Court: First, whether the notice of appeal was filed in a timely manner; secondly, whether the District Court abused its discretion...

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