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ROEHRDANZ v. BRILL

No. CX-03-137.

682 N.W.2d 626 (2004)

George M. ROEHRDANZ, Appellant, v. Toby BRILL, Respondent.

Supreme Court of Minnesota.

July 15, 2004.

Attorney(s) appearing for the Case

David F. Herr, Laurie A. Kindel, Maslon Edelman Borman & Brand, LLP, George M. Roehrdanz, Minneapolis, MN, for Appellant.

Andrew D. Parker, Ryan P. Winkler, Smith Parker, PLLP, Minneapolis, MN, for Respondent.

William M. Hart, Damon L. Highly, Meagher & Geer, PLLP, Galen Robinson, Legal Aid Society of Minneapolis, Minneapolis, MN, for amicus Legal Aid Society of Minneapolis.

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

OPINION

MEYER, Justice.

We are asked to decide the proper method for service of a demand to remove a conciliation court action to district court. The court of appeals held that service by mail of a demand for removal to district court is not effective unless the responding party returns an acknowledgment of service as required by Minn. R. Civ. P. 4.05. We reverse and hold that a party appealing a conciliation court judgment may effectively serve a demand...

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