COMMANDEUR LLC v. HOWARD HARTRY, INC.

No. A05-2014.

724 N.W.2d 508 (2006)

COMMANDEUR LLC, et al., Appellants, v. HOWARD HARTRY, INC., Respondent.

Supreme Court of Minnesota.

December 7, 2006.


Attorney(s) appearing for the Case

David F. Herr, Michael C. McCarthy, Matthew P. Lewis, Maslon Edelman Borman & Brand, LLP, Minneapolis, MN, Appellants Commandeur LLC's and ACRO Business Finance Corp.'s Attorneys.

William G. Cottrell, Cottrell Law Firm, P.A., Eagan, MN, Respondent Howard Hartry, Inc.'s Attorney.

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


OPINION

ANDERSON, RUSSELL A., Chief Justice.

In this case, we consider whether the court of appeals properly dismissed an appeal as untimely under the Rules of Civil Appellate Procedure, which extend an appeal period when the last day of the period falls on a legal holiday. The narrow issue before us is whether Columbus Day is a legal holiday for purposes of computing the last day of an appeal period. We conclude that it is and reverse the order of the court...

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