Legal Question in Appeals and Writs in Minnesota

Can this case be appealed to a higher court ?

We were defendants in a lawsuit that we won. The plaintiff tried to file an appeal, and we just found out that the motion was denied. The memorandum reads: Plaintiff filed a Motion for a New Trial.The documents do not contain a date or time for the hearing, a proposed order, memorandum of law, or affidavits as required by the Gen. Rules of Practice for the District Court Rule 115.03. Rule 104 of the Civil Appellate Procedure Rules provides that appeal from a judgment must be taken within 60 days after entry of judgment and further requires the filing of a proper and timely motion. Given Plaintiff's failure to file a proper and timely motion, the Judgment in this matter has become final. Were the Court to consider Plaintiff's motion, the trial court's findings would not be set aside except upon a showing of a clear abuse of discretion. While Plaintiff has alleged that the verdict is not justified by the evidence and is contrary to law, Plaintiff has failed to cite reasons why. Accordingly, Plaintiff's motion must fail. Further, Plaintiff has failed to establish that the Best Evidence is applicable or that Rule 801 of the MN Rules of Evidence was violated. Can the Plaintiff now appeal to a higher court on this case?


Asked on 5/07/04, 11:39 pm

1 Answer from Attorneys

robert nudelman criminal defense associates

Re: Can this case be appealed to a higher court ?

Yes

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Answered on 5/08/04, 10:09 am


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