McMullen v. McMullen

559 P.2d 37, 1977 Wyo. LEXIS 324

• Court: Wyoming Supreme Court
• Decided: January 12, 1977
• Docket: 4757
• Status: Published

Opinions

ORDER DISMISSING APPEAL

GUTHRIE, Chief Justice.

The court having examined the record in the above case, finds:

1. The decree of divorce appealed from was entered in the district court on July 20, 1976.

2. A motion for a new trial was thereafter filed.

3. By the provisions of Rule 59(f), a motion for a new trial is deemed denied unless within 60 days of the determination thereof it is continued by order of the court or by stipulation of the parties. No such order was entered by the court nor was a stipulation entered into by the parties.

4. By the terms of Rule 73(a), the time for filing a notice of appeal expires 30 days after the expiration of the 60-day period provided by Rule 59(f).

5. The notice of appeal was filed after the expiration of 90 days following entry of the decree.

6. The time may be extended further only by compliance with Rule 59(f). Sun Land and Cattle Co. v. Brown, Wyo.1964, 387 P.2d 1004.

7. The time limitation for filing a notice of appeal is jurisdictional, strict and untimeliness may be raised by this court without suggestion of the appellee. Bowman v. Worland School District, Wyo.1976, 531 P.2d 889.

8. The appeal must be dismissed.

ORDERED, that the appeal to this court in the captioned cause be arid is hereby dismissed.