Rieman v. Joubert

I respectfully dissent.

Unless compelled by rules of procedure or established appellate decisions, we should not disregard appellant’s right of review.

The applicable rule (Minn.R.Civ.P. 59.03) is simply stated and widely respected in practice. To establish without doubt the time for a new trial motion, the rule utilizes a special notice document. As the majority opinion indicates, the same device is used to identify the time for appeal from an order. Minn.R.Civ.App.P. 104.01. Actual knowledge does not substitute for notice; this is so under the Rules of Civil Procedure, and it was the law…