CELIS v. STATE FARM MUT. AUTO. INS. CO.

No. C8-97-1938.

580 N.W.2d 64 (1998)

Vincente Chavez CELIS, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, licensed to do business in the State of Minnesota, Respondent.

Court of Appeals of Minnesota.

June 16, 1998.


Attorney(s) appearing for the Case

Terrence R. Peterson, Wible & Gallagher, P.L.L.P., St. Paul, for appellant.

Emilio R. Giuliani, Lori L. Jensen-Lea, LaBore & Giuliani, Ltd., Hopkins, for respondent.

Considered and decided by WILLIS, P.J., and RANDALL and KLAPHAKE, JJ.


OPINION

KLAPHAKE, Judge.

Vicente Chavez Celis appeals from the trial court's denial of his motion for a new trial, and respondent State Farm Mutual Insurance Company (State Farm) seeks review of the trial court's denial of its motion to dismiss Celis's new trial motion as untimely. Because the act of scheduling a hearing date on Celis's new trial motion occurred beyond the 30-day time limit provided by Minn. R. Civ. P. 59.03, the trial court lacked jurisdiction...

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