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CHAPMAN v. SPECIAL SCHOOL DIST. NO. 1

Nos. C2-89-979, C1-89-1007.

454 N.W.2d 921 (1990)

Nathan E. CHAPMAN, et al., Plaintiffs, Rachael M. Rouse, a minor By and Through her mother and natural guardian, Celeste M. Rouse, Respondent, v. SPECIAL SCHOOL DISTRICT NO. 1, Petitioner, Gerald Grady, Petitioner, Appellants.

Supreme Court of Minnesota.

May 11, 1990.

Attorney(s) appearing for the Case

Marshall H. Tanick, Denise L. Yegge, Mansfield & Tanick, Minneapolis, for Gerald Grady.

Marcus M. Baukol, Baukol, Nyberg & Thompson, St. Louis Park, for Special School Dist. No. 1.

Michael R. LaFleur, Robbinsdale, for respondent.

Heard, considered and decided by the court en banc.

COYNE, Justice.

We granted the separate petitions of Gerald Grady and Special School District No. 1 to clarify the applicability and procedural limitations of Minn.R.Civ.P. 60.02 and its subparts in the context of the trial court's vacation of a judgment of dismissal of the plaintiff's action. In a split, but unpublished decision, a majority of the court of appeals affirmed, concluding that the motion to vacate was timely and that relief was available pursuant to...

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