Agostino

Defendant-appellee filed a motion to docket the appeal in this case and then dismiss on the ground that the appeal was not filed within the time required by law and further that the order appealed from is not a final order. Appellants have petitioned this court for a rehearing from our order entered July 12, 1951 dismissing their first attempted appeal.

Judgment in this action was entered on April 12, 1951. Notice of appeal, was filed on May 15, 1951. On motion of appellee this court on July 12, 1951, dismissed this appeal. Following this dismissal there was set for hearing in the district court appellants’ motion to reconsider which appellants had filed in the district court on March 26, 1951 this being about two weeks before the entry of judgment.- This motion was entitled: “Motion to Reconsider, and in the Alternative, Objections to Findings of Fact, Conclusions of Law and Judgment as Drawn, and Motion to Require Defendant to Submit Findings of Fact, Conclusions of Law and Judgment in Accordance with the Court’s Memorandum Opinion.” The district court denied this motion by a minute order entered August 2, 1951 which order referred to it as a motion for a new trial but which…