A09-1993, Torchwood Properties, LLC, as a successor in interest to Anthony Magnotta and Lisa Magnotta, husband and wife, Appellant, vs. Judith McKinnon, Respondent.

State: Minnesota

Court: Court of Appeals

Docket No: A09-1993

Case Date: 09/28/2010

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A09-1993 Torchwood Properties, LLC, as a successor in interest to Anthony Magnotta and Lisa Magnotta, husband and wife, Appellant, vs. Judith McKinnon, Respondent. Filed July 13, 2010 Affirmed Ross, Judge Concurring specially, Harten, Judge Freeborn County District Court File No. 24-CV-08-1687 Daniel S. Schleck, Justin L. Seurer, Schleck & Associates, Minneapolis, Minnesota (for appellant) Steven R. Coon, Wagner, Falconer & Judd, Ltd., Minneapolis, Minnesota (for respondent) Considered and decided by Wright, Presiding Judge; Ross, Judge; and Harten, Judge. SYLLABUS A party whose midtrial motions for a continuance or for a new trial were denied by the district court is estopped from arguing on appeal that the denial constituted prejudicial error when the party reacted by refusing to participate meaningfully in the remainder of the trial and the refusal prejudiced the party's chance to succeed at trial. Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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