Salyer v. National Trailer Convoy

1 Plaintiff recovered judgment against National Trailer Convoy, Inc., one of two defendants in an action to recover damages from a negligent injury to her property. The other defendant, Burlington Northern Railroad Company [Railroad], was found by the jury to have been free of negligence and later recovered a counsel-fee award against the plaintiff. The trial court granted priority in the plaintiffs judgment to MidAmerica Federal Savings & Loan Association [MidAmerica], a secured creditor and an intervenor in the action. Over ten, but within thirty, days after that ruling, Railroad moved the trial court to "reconsider" its priority ruling. The motion was denied and, after ten, but within thirty, days following the denial, Railroad filed a second "motion to reconsider" based on grounds no different from those asserted in the first. Railroad appeals from the denial of its second "motion to reconsider." MidAmerica has moved for the appeals dismissal because of a fatal postural defect.