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SMITH v. SMITH

No. 86-566.

402 N.W.2d 688 (1987)

225 Neb. 93

Kathleen Sue SMITH, Appellant and Cross-Appellee, v. Gaylord Neal SMITH, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

March 27, 1987.

Attorney(s) appearing for the Case

Michael J. Elsken, for appellant.

David L. Kimble, Seward, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

PER CURIAM.

A divorce decree was rendered in this case on April 18, 1986. On April 28, 1986, respondent-appellee filed a motion for new trial. On May 5, 1986, respondent filed a withdrawal of motion for new trial in which it is stated that respondent "voluntarily withdraws his Motion For New Trial filed in this matter."

On May 5, 1986, petitioner-appellant filed a motion for new trial. On June 9, 1986, a court order was entered as follows: "Petitioner's motion...

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