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Hodge v. Hodge

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Submitted: June 18, 2001

On an appeal from a judgment rendered against defendant by the United States District Court for the Northern District of New York (Thomas J. McAvoy, Judge), appellees moved to dismiss the appeal because of the pendency of a postjudgment motion in the district court. Because the motion below was not timely filed, we deny the motion to dismiss and direct the parties to brief the merits of the appeal.

Following a jury trial in this diversity action before the United States District Court for the Northern District of New York (McAvoy, J.), plaintiff-appellee Stella Hodge was awarded judgment on her claims of fraud and conversion against defendant-appellant Robert D. Hodge in the amount of $288,750. The jury also found in favor of third-party defendant-appellee Skiff on defendant’s third-party claim for conversion. Judgment was entered on October 13, 2000; however, defendant was referred to in the judgment as “Donald Hodge.” *fn1

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