Manly v. State Farm Fire & Casualty Co.

State Farm Fire and Casualty Company, Diversified Realty Services, Ltd., and Donald R. Kahn appeal from an order granting respondent, Donna J. Manly, a new trial pursuant to sec. 806.07(l)Ch), Stats. The issues are (1) whether the trial court may nonetheless grant a new trial under sec. 806.07(l)(h), after letting the ninety-day time limit of sec. 805.16, Stats., 2 lapse, and (2) whether we should order a new trial in the interest of justice. We conclude that the trial court lacked authority to order a new trial and because we have no transcript, we cannot exercise our discretion to order a…