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Sabri v. Sabri8/1/2000
986)). And even if the decision does not decide all disputed facts, findings are not required if the undecided issues are immaterial. Id.
Here, the district court failed to make specific findings regarding the formation of the contract. But from the findings it did make, we can infer that it accepted respondents' evidence that a settlement agreement was reached.
IV. Motion to Strike
Appellant moved to strike footnote 8 in respondents' brief, as well as "any reference made in respondents' brief regarding appellant's alleged attempt to defraud his prior attorney." Footnote 8 reads
lthough it would have been more rational, honest and considerate to request a continuance of the trial until the settlement could be performed, it appears that appellant was intent on affecting the case behind the back of his attorney.
There are no references in respondents' brief to appellant's attempt to "defraud" his prior attorney.
This court may not base its decision on matters outside the record on appeal. Plowman v. Copeland, Buhl & Co., 261 N.W.2d 581, 583 (Minn. 1977). The record comprises the papers filed in the district court, the exhibits, and the transcript of proceedings. Minn. R. Civ. App. P. 110.01. Footnote 8 speaks only of an attempt by appellant to act independently of his attorney. The record indicates that this could have occurred. First, appellant filed an affidavit in support of respondents' motion for a new trial. Second, if appellant took part in settlement negotiations on November 22, 1997, it was without the knowledge of his former attorney, because the attorney subsequently wrote three letters regarding settlement without mentioning the negotiations. Appellant's attorney eventually withdrew and filed a lien for fees. Because there is adequate support in the record that appellant acted independently of his attorney, the motion to strike is denied.
Affirmed; motion denied.
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