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O'LEARY v. CAREFREE LIVING (MINNETONKA)

No. C6-02-769.

655 N.W.2d 639 (2003)

Robert O'LEARY, as trustee of Lakeland Printing Co., Inc., et al., Respondents, v. CAREFREE LIVING OF AMERICA (MINNETONKA), INC., Appellant.

Court of Appeals of Minnesota.

January 8, 2003.

Attorney(s) appearing for the Case

Paul R. Haik, Krebsbach & Haik, Ltd., Minneapolis, MN, for respondents.

Michael C. Mahoney, Julianne L. Emerson, Mahoney, Hagberg & Davisson, P.A., Minneapolis, MN, for appellant.

Considered and decided by WILLIS, Presiding Judge, PETERSON, Judge, and HALBROOKS, Judge.

O P I N I O N

PETERSON, Judge.

This appeal is from a judgment awarding respondents compensatory damages for the lost value of the use and occupation of real property during the pendency of an appeal from a judgment that directed the recovery and sale of the real property. Appellant argues that the district court erred by awarding respondents damages in an amount that exceeds the supersedeas bond posted to stay enforcement of the judgment during the pendency...

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