Opinion
No. 19,442.
Filed December 27, 1960.
APPEAL — Appeal Perfected — Confession of Error — Judgment Reversed and Remanded. — Where appellant perfects his appeal assigning as error the overruling of appellant's motion for new trial and subsequently without filing an answer brief appellee files a confession of error, which the Appellate Court determines has merit, the judgment will be reversed and remanded to the trial court.
From the Boone Circuit Court, Charles F. Thompson, Judge.
Larry Brake, appellant, appeals from an adverse decree granting appellee, Pearl Brake, a divorce from appellant.
Reversed. By the court in banc.
Robert H. Orbison, Baker Orbison, of counsel, of Indianapolis, Russell I. Richardson and Stewart Richardson, of counsel, of Lebanon, for appellant.
Charles D. Babcock, of Indianapolis, for appellee.
This is an action for divorce originally filed by the appellee against the appellant. From a finding and judgment for appellee, appellant has perfected his appeal in this court, having duly filed the transcript, assignment of errors and brief within the proper time. The sole error assigned was the overruling of appellant's motion for a new trial.
Thereafter, without filing an answer brief, appellee filed a confession of error.
Having examined the record and finding merit in appellee's confession of error, the judgment is therefore reversed and this cause is remanded to the trial court with instructions to sustain appellant's motion for a new trial.
NOTE. — Reported in 170 N.E.2d 908.