Opinion
A21-0734
12-07-2021
Jeremiah Levell Thomas, Respondent, v. Stanley T. Gbolo, Appellant.
Chisago County District Court File No. 13-CO-19-362
Considered and decided by Smith, Tracy M., Presiding Judge; Gaïtas, Judge; and Rodenberg, Judge. [*]
ORDER OPINION
Theodora Gaïtas Judge
BASED ON THE FILE, RECORD, AND PROCEEDINGS, AND BECAUSE:
1. Appellant Stanley T. Gbolo, represented by counsel, challenges the denial of his demand for removal from conciliation court to the district court for trial de novo. Respondent Jeremiah Levell Thomas did not participate in this appeal.
2. After a contested hearing, the conciliation court in Chisago County entered judgment on October 22, 2020, awarding money damages to Thomas. The court administrator's notice of entry informed the parties that the deadline to "[f]ile an appeal (removal)" to the district court was November 16, 2020.
3. The district court ruled that Gbolo's demand for removal filed on December 10, 2020, was untimely. On reconsideration, the district court ruled that earlier efforts by Gbolo's counsel to file the demand for removal-(a) in the existing conciliation court file, (b) in the district court late and without payment of the required jury fee, and (c) in the district court late and in a transaction that was canceled for unknown reasons- were all insufficient to perfect removal.
4. Gbolo argues that the demand for removal submitted in the conciliation court file on November 15, 2020-which was rejected by the court administrator as filed in the "wrong or existing case" with instructions to submit "as an initial conciliation appeal case"-was effective. We disagree.
5. After a contested trial, a person aggrieved by the decision in conciliation court "may remove the cause to district court for trial de novo." Minn. R. Gen. Prac. 521(a). "To effect removal, the aggrieved party must perform all the following within 21 days[:] . . . [s]erve a demand for removal of the cause to district court" on all other parties, "[f]ile with the court administrator the original demand for removal[, ] . . . [f]ile with the court administrator an affidavit . . . stating that the removal is made in good faith and not for purposes of delay[, and] [p]ay to the court administrator as the fee for removal the amount prescribed by law for filing a civil action in district court[, ]" including the jury fee, "if a jury trial is demanded." Minn. R. Gen. Prac. 521(b). "When all removal documents have been filed properly and all requisite fees paid as provided under Rule 521(b), the removal is perfected . . . ." Minn. R. Gen. Prac. 521(d).
6. The limited record before us shows that Gbolo's attorney filed a demand for removal in the conciliation court file on November 15, 2020. Although the attorney served the demand on Thomas and filed an affidavit of good faith, the demand was not filed in the district court. The court administrator immediately rejected the submission, with instructions to file the demand in the district court as a new appeal. Because the removal documents were not properly filed, we agree with the district court that the removal was not perfected by the filing on November 15, 2020. Moreover, there is no indication in the record that Gbolo perfected a removal by the deadline of November 16, 2020.
The record shows that there were two more unsuccessful filing attempts after November 16, 2020. The second filing attempt was rejected because it did not include a jury fee and the third filing attempt was canceled.
7. On December 10, 2020- after the deadline specified in Minn. R. Gen. Prac. 521(b)-Gbolo's attorney filed another demand for removal in the district court, which requested a jury trial, and paid the required fees, including the jury fee. But this demand for removal was untimely. Thus, the district court properly determined that Gbolo failed to perfect the removal.
IT IS HEREBY ORDERED:
1. The district court's order is affirmed.
2. Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1(c), this order opinion is nonprecedential, except as law of the case, res judicata, or collateral estoppel.
BY THE COURT [*] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.