Derco Truck & Equipment Corp. v. Yoder & Frey Auctioneers

Defendant Yoder & Frey Auctioneers (hereinafter ‘Yoder”) appeals the granting of plaintiff Derco Truck & Equipment Corp.’s (hereinafter “Derco”) Motion For Relief from Judgment, which allowed a new trial based on newly discovered evidence. Yoder claims that the motion granting the new trial was not timely filed within the time limitations required by Dist./Mun. Cts. R. Civ. P., Rule 59 and that the relief offered by Dist./Mun. Cts. R. Civ. P., Rule 60(b) (2) does not extend as far as granting a new trial; and, therefore, the trial court exceeded its authority and jurisdiction. Defendant…