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DESALLE v. GIBRALTAR TITLE AGENCY L.L.C.,

No. C6-00-749.

621 N.W.2d 31 (2000)

Pamela Ann DeSALLE, Respondent, v. GIBRALTAR TITLE AGENCY L.L.C., Defendant and Third-Party Plaintiff, Respondent, v. Anthony J. Bolla, et al., Third-Party Defendants, Respondents, Charles Niska, et al., Third-Party Defendant, Appellants.

Court of Appeals of Minnesota.

December 26, 2000.

Attorney(s) appearing for the Case

Bradley V. Larson, Metcalf, Larson & Muth, P.A., Monticello, for respondent DeSalle.

Bradley N. Beisel, Hoeschler & Beisel, L.L.P., Minneapolis, for respondent Gibraltar Title Agency.

Gerald S. Paulson, Gregory V. Smith & Associates, Monticello, for respondents Bolla.

Valdis A. Silins, Michael D. Burville, Stephenson & Sanford, P.L.C., Minneapolis, for appellants.

Considered and decided by WILLIS, Presiding Judge, CRIPPEN, Judge, and PETERSON, Judge.

OPINION

PETERSON, Judge.

This appeal is from a summary judgment that set aside a mortgage foreclosure because the foreclosure proceeding was commenced after the statute of limitations expired. We reverse.

FACTS

On April 30, 1982, respondents Anthony and Virginia Bolla executed a mortgage on their homestead in favor of appellants Charles and Eleanor Niska. The mortgage did not state a specific...

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