03/25/2020

After a Trial Win, Court of Appeals Affirms

Any legitimate trial lawyer will tell you honestly that they don't win every case they take to trial. The only ones who might possibly have won every trial they've been in are the ones who don't take difficult cases and don't know how to negotiate good resolutions.

I have not won every trial I've been in, but yesterday the Court of Appeals affirmed the trial win I secured in Anoka County. At trial, my client was awarded the full amount of funds in escrow from the sale of property in Columbia Heights. At issue was whether a writing from 2000 granting a fee title ownership interest was enforceable against my client. To the point, with some very substantial impeachment of the plaintiff, decent records kept by my client, and some very good legal arguments, the trial court dismissed the Complaint and awarded over $120,000 to my client.

The losing party appealed. In a very brief opinion, the court of appeals affirmed the trial court's ruling. The legal argument I put forth on the application of Minnesota Statutes Section 514.05 against the underlying contract was agreed with by the three-judge panel. Of note, of the entire contract at issue, the extreme focus and turning point was on the use and definition of one single word: Upon.

I do not post about every victory I secure for the people who trust me to represent them, but this one was particularly satisfying. If you want to know more details about this or want an analysis of your situation, please feel free to drop me a line.

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