Court of Appeals of Kentucky.
Delmer DAVIDSON, Appellant, v. Marie DAVIDSON, Appellee.
March 24, 1961.
ACTION: Appeal dismissed sua sponte.

Proceeding by a wife to set aside a divorce judgment in favor of husband for fraud. The Circuit Court, Knox County, Sampson B. Knuckles, J., set aside the judgment, ordered the wife to file an answer, and redocketed the case, and the husband appealed. The Court of Appeals, Palmore, J., held that the appeal was not timely and that the order was interlocutory and was not appealable.

On November 25, 1958, appellant was granted an absolute divorce from appellee. His action was not contested. On January 7, 1959, upon notice of and response to appellee's motion, the trial court, on the ground of fraud, set aside the judgment of divorce, ordered appellee to file answer, and redocketed the case for trial. Appellee asserts a right of appeal from this order.

For two reasons, however, we cannot entertain the appeal. First, the notice of appeal was filed on February 7, 1959, one day too late. Secondly, the order of January 7, 1959, was interlocutory and not final. We do not pass on the validity or effect (if any) of the order of January 7, 1959.

Appeal dismissed sua sponte.


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