Sawyer v. Farm Bureau Mutual Insurance Co.

[¶ 38.] For reasons set forth below I would dismiss the appeal as untimely. I disagree with the majority’s holding on that issue.

[¶ 39.] The majority holds that Farm Bureau timely filed its notice of appeal because the judgment was not final until September 25, 1999. In so holding, it incorrectly applies SDCL 15-26A-6.

[¶ 40.] The record clearly establishes that the trial court entered the judgment on August 13, 1999. Farm Bureau timely renewed its JNOV motion on August 20, 1999. The trial court’s failure to rule on the parties’ JNOV motions within twenty days (or enter an order extending such…