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O'SELL v. PETERSON

No. C7-98-2315.

595 N.W.2d 870 (1999)

Esther O'SELL, Respondent, v. James C. PETERSON, Appellant.

Court of Appeals of Minnesota.

June 29, 1999.

Attorney(s) appearing for the Case

Susan Richard Nelson, Wendy J. Zeller, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, for respondent.

Gary T. LaFleur, Babcock, Locher, Neilson & Mannella, Anoka, for appellant.

Considered and decided by TOUSSAINT, Chief Judge, KALITOWSKI, Judge, and SHORT, Judge.

OPINION

SHORT, Judge.

In this pre-trial appeal, James C. Peterson argues the trial court erred by denying his motion to dismiss for defective service of process. On appeal from an order denying his motion, Peterson argues his stepson was not a person "then residing therein" under Rule 4.03(a) of the Minnesota Rules of Civil Procedure. In the alternative, Peterson argues he is entitled to a jury trial on the question of his stepson's residence.

FACTS...

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