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PATTERSON v. WU FAMILY CORP.

No. CO-98-1961.

608 N.W.2d 863 (2000)

Arthur PATTERSON, petitioner, Appellant, v. WU FAMILY CORPORATION, d/b/a Nankin Cafe, Respondent, John Doe, Respondent.

Supreme Court of Minnesota.

April 13, 2000.

Attorney(s) appearing for the Case

Stephen C. Fiebiger & Assoc., Stephen C. Fiebiger, Minneapolis, for appellant.

Katherine L. Mackinnon, St. Louis Park, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Sally J. Ferguson, Minneapolis, co-counsel for respondents Wu Family, et al. and John Doe (n/k/a/ Henry Price III.

Steven L. Gawron, Bloomington, for respondent John Doe (n/k/a Henry Price III.

Heard, considered, and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

The question before us is whether the defense of insufficient service of process, asserted by answer, is waived when defendant moves for partial summary judgment without having sought dismissal of the complaint for insufficient service of process. We hold that a defendant waives the defense of insufficient service of process, even though asserted by answer, by affirmatively invoking the jurisdiction of the district court...

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