TUREK v. A.S.P. OF MOORHEAD, INC.

No. C8-00-1045.

618 N.W.2d 609 (2000)

David J. TUREK, Respondent, v. A.S.P. OF MOORHEAD, INC., d/b/a A.S.P., Inc., Appellant.

Court of Appeals of Minnesota.

November 7, 2000.


Attorney(s) appearing for the Case

Andrea F. Rubenstein, Minneapolis, MN, (for respondent).

Stephen R. Dawson, Fargo, ND, (for appellant).

Considered and decided by LANSING, Presiding Judge, PETERSON, Judge, and FORSBERG, Judge.


OPINION

THOMAS G. FORSBERG, Judge*

Appellant A.S.P. of Moorhead, Inc., contends that the district court erred in denying its motion to vacate the default judgment because the district court lacked jurisdiction, since respondent David J. Turek failed to effectively serve appellant pursuant to Minn.R.Civ.P. 4.05. Because the rule unambiguously states service is effected when the acknowledgment is received within the period allowed...

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