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RIEMAN v. JOUBERT

No. C3-84-1412.

376 N.W.2d 681 (1985)

William C. RIEMAN, Jr., Respondent, v. Jarrel D. JOUBERT, Petitioner, Appellant.

Supreme Court of Minnesota.

November 15, 1985.

Attorney(s) appearing for the Case

Gary W. Goldsmith, Minneapolis, for appellant.

Thomas A. Egan, Burnsville, for respondent.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

This appeal illustrates the importance of serving a notice of filing of a trial court decision in post-trial motion practice. On the facts of this case, we hold that defendant waived service of notice of filing and, therefore, his motion for a new trial brought more than 15 days after his waiver was untimely.

Plaintiff-respondent William C. Rieman, Jr., sued defendant-appellant Jarrel D. Joubert for breach of an oral contract in Hennepin...

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