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PRUDENTIAL INS. v. EDEN SQUARE CENTER

No. C5-94-1901.

524 N.W.2d 513 (1994)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation, Respondent, v. EDEN SQUARE SHOPPING CENTER PARTNERSHIP, a Minnesota general partnership, et al., Respondents, Kelly J. Doran, Appellant, State of Minnesota, et al., Defendants.

Court of Appeals of Minnesota.

December 6, 1994.

Attorney(s) appearing for the Case

Steven K. Champlin, Scott A. Benson, Dorsey & Whitney, Minneapolis, for Prudential Ins. Co. of America.

Timothy D. Kelly, Erin K. Fogarty, Kelly & Berens, P.A., Minneapolis, for Eden Square Shopping Center Partnership.

David E. Kirkman, Ravich Meyer Kirkman & McGrath, Minneapolis, for Kelly J. Doran.

James E. Ramette, Chanhassen, Trustee for Eden Square Shopping Center Partnership.

Considered and decided by HUSPENI, P.J., and SCHUMACHER and MANSUR, JJ.

OPINION

SCHUMACHER, Judge.

In January 1993, respondents Eden Square Shopping Center Partnership and Robert M. Larsen (Eden Square and Larsen) defaulted on a commercial mortgage to respondent The Prudential Insurance Company of America (Prudential). Eden Square and Larsen had also executed an assignment of rents to Prudential. In March 1993, Prudential sued to foreclose the mortgage and obtained a receiver for the property. The receiver later sought and obtained...

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