(Download) "Rubey v. Vannett" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Rubey v. Vannett
- Author : Supreme Court of Montana
- Release Date : January 04, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This case arises from the dissolution of appellant Thomas Rubey and respondent Valerie Vannetts marriage. Although they settled some issues, Rubey and Vannett went to trial to determine who would be awarded physical custody of their child. After the trial, the district court issued an order granting sole physical and legal custody to Vannett. Rubey filed a motion for a new trial or amended findings (new trial/amended findings motion). Because the hearing on the motion occurred outside of the 60-day time frame required by Minn. R. Civ. P 59.03, the district court found that it lacked jurisdiction and dismissed the motion. Rubey appealed and the court of appeals dismissed the appeal for lack of jurisdiction, determining that, under Minn. R. Civ. App. P. 104.01, subd. 2, the appeal was untimely. We granted review and now reverse and remand to the court of appeals for further proceedings.
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