Peterson v. Steinmaus

OPINION

POPOVICH, Chief Judge.

This appeal is from an order denying appellants’ motion for a new trial. Appellants claim the trial court erred in failing to grant them a jury trial. We reverse.

FACTS

The underlying action for a recovery of money was venued in Ramsey County. Respondent’s attorney apparently filed a court note of issue in Ramsey County but served appellants the note of issue designating venue in Washington County. Appellants’ counsel then served and filed a jury note of issue also designating venue in Washington County.

At the pre-trial chambers hearing, a record was made regarding…