UHLIR v. WEBB

Nos. 19146, 19159.

541 N.W.2d 738 (1996)

1996 SD 5

Bart UHLIR, as Administrator of the Estate of Stanton Uhlir, Deceased, Plaintiff and Appellee, v. David R. WEBB, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 10, 1996.


Attorney(s) appearing for the Case

Michael "Mick" Strain, White River, Michael W. Strain of Morman, Smit, Hughes, Strain, Molstad & Haivala, Sturgis, for plaintiff and appellee.

Thomas E. Simmons and Daniel F. Duffy of Bangs, McCullen, Butler, Foye and Simmons, Rapid City, for defendant and appellant.


GILBERTSON, Justice.

[¶ 1] This appeal arises from a medical malpractice case in which the estate of Stanton Uhlir sued physician's assistant, David Webb. A jury returned a verdict for Webb. Subsequently, Uhlir filed a motion for a new trial which the trial court granted. Webb appeals, claiming the order granting the new trial was signed after the statutory deadline, and therefore, the motion is necessarily denied by operation of law. We find the trial court...

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