Opinion
July 27, 1971.
Editorial Note:
This case has been marked 'not for publication' by the court.
Hoyman & Starlin, Dwane Starlin, Denver, James Shepard, Littleton, for plaintiff in error.
William H. Prendergast, Denver, for defendant in error.
SILVERSTEIN, Chief Judge.
This case was transferred from the Supreme Court pursuant to statute.
Plaintiff in error husband brings this writ of error from the final order of the trial court regarding the division of property in a divorce action. The husband asserts that the trial court abused its discretion in the manner in which it ordered the property divided.
The defendant in error wife asserts that the husband's motion for new trial was not timely filed that that accordingly the writ of error should be dismissed. The record discloses that the order and judgment was entered on June 20. The motion for new trial, designated 'Motion for New Hearing Regarding Permanent Orders', was not filed until July 10. The trial court noted that no extensions of time had been asked for by the husband and that none had been granted, and denied the motion. Therefore, R.C.P.Colo. 59(f) requires that the writ of error be dismissed.
Inasmuch as the record was before us, we have examined it in its entirety and find no abuse of discretion by the trial court.
Writ of error dismissed.
DWYER and PIERCE, JJ., concur.