Eberly v. Eberly

Per Curiam: This is an appeal by the husband from a decree of the Circuit Court for Washington County granting the wife a divorce a mensa et thoro on the ground of desertion and dismissing the husband’s cross bill of complaint for divorce a mensa et thoro on the ground of constructive desertion. Examination of the record reveals that the appeal was filed May 9, 1968. The decree was dated May 7, 1968, but not filed until May 10, 1968. The relevant docket entries are: “5/8/68 Argument and Memorandum of Law for the Defendant and Cross-Plaintiff filed.

Supplemental Memorandum filed. Legal Memorandum of the Plaintiff filed. Supplemental Memorandum filed. “5/9/68 Order for Appeal to the Court of Appeals of Maryland filed. “5/10/68 Decree dated May 7, 1968, divorcing the Plaintiff A Mensa Et Thoro from the Defen ¹³⁴ dant and Dismissing the Defendant’s Cross-Bill of Complaint filed May 10, 1968.” Under Maryland Rule 812 a an appeal must be filed within thirty days from the date of the judgment appealed from. In Pocock v. Gladden, 154 Md. 249 , 140 A. 208 (1928) our predecessors said: “[I]n order that the question may be set at rest for the future, it is our opinion that the date of a decree, in contemplation of [the rules] relating to the time within which