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ORTIZ v. GAVENDA

No. C5-97-1427.

574 N.W.2d 764 (1998)

Frances ORTIZ, as trustee and next of kin and guardian of the heirs of Israel Ortiz, deceased, Appellant, v. Bryan Lee GAVENDA, et al., Respondents.

Court of Appeals of Minnesota.

Review Granted April 30, 1998.

Attorney(s) appearing for the Case

Paul J. Phelps, Sawicki, Neese & Phelps, P.A., Woodbury, for Appellant.

D. Scott Ballou, Leo I. Brisbois, Stich, Angell, Kreidler, Brownson & Ballou, P.A., Minneapolis, for Respondents.

Considered and decided by WILLIS, P.J., and LANSING and DAVIES, JJ.

OPINION

LANSING, Judge.

This appeal challenges the district court's dismissal of a wrongful death action for lack of subject matter jurisdiction and its denial of a motion to amend the pleadings so that the appointment of the decedent's wife as trustee related back to the date of her original complaint under Minn.Stat. § 573.02 (1996). We reverse and remand.

FACTS

Israel Ortiz died on December 11, 1993, from injuries sustained on September...

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