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DIFFERT v. RENDAHL

No. 51684.

306 N.W.2d 813 (1981)

Helen B. DIFFERT, Appellant, v. Walter RENDAHL, et al, etc., Respondents, Ralph W. Sample, et al, etc., Respondents, David Joerg, Respondent, and Ralph W. SAMPLE, et al, etc., Defendants and Third Party Plaintiffs, Respondents, v. Thomas D. DIFFERT, Third Party Defendant.

Supreme Court of Minnesota.

June 19, 1981.

Attorney(s) appearing for the Case

Peterson & Goodman, Rochester, for appellant.

Hunt, DeVinny & Young, Rochester, for Sample et al.

David Joerg, pro se.

Considered and decided by the court en banc without oral argument.

SHERAN, Chief Justice.

The only issue before us is whether the trial court correctly ruled that the plaintiff's filing of a motion for a new trial more than 15 days after serving notice of the filing of an order was not timely under Minn.R.Civ.P. 59.03. We affirm.

This action by a tenant-in-common for an accounting was tried to a jury. The jury returned a special verdict in favor of the plaintiff that gave her most of the requested relief. The jury's verdict...

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