Bowman v. Pamida, Inc.

ROGOSHESKE, Justice.

The dispositive question raised by plaintiffs on appeal is whether the trial court lacked jurisdiction under Rule 59.03, Rules of Civil Procedure, to hear and rule upon defendants’ post-trial motion for a new trial on damages, or in the alternative a remitti-tur, where notice of the motion was served on plaintiffs 25 days after service of notice on defendants by plaintiffs of the filing of the court order directing entry of judgment. We hold that the court lacked jurisdiction and accordingly declare the post-trial order granting an unconditional remitti-tur a nullity.

This…