Civil Appellate Practice in the Minnesota Court of Appeals by Laura S. Underkuffler

By Laura S. Underkuffler

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W. 69 (1888). 36 Civil Appellate Practice denying a new trial are often joined with an appeal from the judgment. Since an appeal from an order denying a new trial could conceivably be subject to a more narrow scope of review than an appeal from a judgment (since not all matters encompassed within the judgment may be challenged in the motion for a new trial), where the broadest scope of review is desired, an appeal from any underlying judgment and from any order denying a new trial should be taken.

03(a). 73. Spaeth v. 2d 815 (Minn. 1984). 74. Id. Initiation of Appellate Proceedings 41 judgment by filing an amended notice of appeal that lists the new, appealable judgment. 01. Although an amended notice of appeal would appear to serve substantially the same purpose, in light of this ruling it would behoove an appellant to file a pleading captioned "Notice to Appeal" from each order or judgment that is believed to be appealable. 2. 03. An exception to this rule is an order made during trial.

The general rule is that after amendment or modification of an order or judgment, the time within which appeal must be taken begins to run 1 02 from the date of amendment or modification. However, counsel must be certain that it is the amended judgment or order from which the appeal should be taken. If the prior judgment was appealable (as disposing of all of the claims of all of the parties), and if the issues sought to be reviewed were not affected by the later judgment or 100. See MINN. R . Civ.

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