Cole v. Wutzke

Respondent brought a civil suit against Appellant. After Respondent transmitted the summons, complaint, and affidavit of service, Appellant filed a motion to dismiss on the grounds that Respondent failed to timely file. Respondent filed a motion to vacate under Minn. R. Civ. P. 60.02, arguing that his counsel’s admitted neglect in timely filing was excusable because of counsel’s ignorance of the law. The district court dismissed the action, concluding that ignorance of the law by Respondent’s counsel was not excusable neglect under Rule 60.02. The court of appeals reversed. The Supreme Court affirmed as modified, holding that the district court abused its discretion by failing to consider all four requirements from Finden v. Klaas. Remanded to the district court for reconsideration of Respondent’s Rule 60.02 motion. View "Cole v. Wutzke" on Justia Law