Tombs v. Ashworth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that failure of the clerk to comply with Rule 77.04 requiring service of notice of entry of judgment does not extend the time for appeal
• noting that in general “‘limitations upon the time for taking an appeal are to be liberally construed to avoid a forfeiture of the right of appeal’ ” (quoting Weckerling v. McNiven Land Co., 231 Minn. 167, 42 N.W.2d 701, 704 (1950))
• the notice requirements of Rule 77.04 do not relieve the parties of the responsibility of determining the date of entry of judgment
• clerk is bound by Minn.R.Civ.P. 77.-04, which is identical to Minn.R.Crim.P. 33.-03, and has no right to ignore it because “the burden of sending such notices would amount to a physical impossibility”
• clerk is bound by Minn.R.Civ.P. 77.04, which is identical to Minn.R.Crim.P. 33.03, and has no right to ignore it because \the burden of sending such notices would amount to a physical impossibility\

Source: CourtListener parenthetical corpus (CC0).