Celis v. State Farm Mutual Automobile Insurance Co.

I respectfully dissent. There needs to be a time when substance and equitable estoppel take precedence over form.

Appellant made a timely motion for a new trial. He should have set the hearing for a date within 30 days of filing. He picked November 6, because the record is clear that someone in the district court judge’s chambers told him that was the first open date. So he served the motion for a-new trial on time, but picks a date more than 30 days away, in violation of Rule 59.03. Respondent does not say anything at this point. Respondent waits until the 30 days are over and then makes a…