People ex rel. Department of Public Works v. Quinones-Quintana

FOX, J.* This is an action in eminent domain.

After a jury trial, judgment was entered in September 1963 awarding defendants $160 for the property taken and $2,500 severance damages. The People moved for a new trial. On October 3, 1963, the court ruled on the motion by signing and filing the following order:

“It appearing to the satisfaction of the Court that the evidence is insufficient to justify the amount of severance damages awarded by the verdict herein,

“Now, Therefore, It Is Obdered that if within ten (10) days from the date hereof defendants Carmelo Quinones-Quintana and Hilda Quinones-Quintana file their written consent to a modification of judgment so that the same will award severance damages to said defendants in the sum of Fifteen Hundred Dollars ($1,500.00), the judgment shall be modified accordingly and plaintiff’s motion for a new trial be and it is hereby denied. If said defendants fail to file said written consent to modification, as above set forth, within said time, then and in that event plaintiff’s motion for a new trial will be, and the same is hereby granted on the sole issue of severance damages on the ground of insufficiency of the evidence to justify the amount of severance damages awarded by the verdict rendered herein.

“Dated: October 3, 1963.

“/s/ Philip H. Richards

“Judge of the Superior Court”

(Italics added.)

[787]Defendants received a copy of this order by mail from the clerk on October 4. On October 10 plaintiff mailed defendants a notice of the order of October 3, quoting it in full. On October 21 defendants filed their consent to a reduction of the severance damages to $1,500. Plaintiff filed a memorandum for setting and the case was set for trial in April 1964. Defendants, however, made a motion to prevent further trial of the action. Their motion was granted on December 13, 1963. It is from this order that plaintiff has appealed.

The question here presented is: Did the time to file a consent to a reduction of the judgment expire at the end of 10 days after the order of October 3 was signed and filed ! We are of the opinion this question must be answered in the affirmative.