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THORSON v. ZOLLINGER DENTAL, P.A.

No. A06-935.

728 N.W.2d 261 (2007)

Jennifer THORSON, Respondent, v. ZOLLINGER DENTAL, P.A., d/b/a Advance Family Dental, Appellant.

Court of Appeals of Minnesota.

March 13, 2007.

Attorney(s) appearing for the Case

Daniel E. Hintz, Johnson & Lindberg, P.A., Minneapolis, MN, for respondent.

Thomas E. McEllistrem, Christopher K. Wachtler, Collins, Buckley, Sauntry & Haugh, P.L.L.P., St. Paul, MN, for appellant.

Considered and decided by HALBROOKS, Presiding Judge; ROSS, Judge; and CRIPPEN, Judge.

OPINION

HALBROOKS, Judge.

Appellant challenges the district court's decision to strike from the pleadings its affirmative defense of insufficient service of process. Because (1) appellant failed to supplement its answers to interrogatories or otherwise disclose its basis for the insufficient-service defense as required by the Minnesota Rules of Civil Procedure until after the relevant statute of limitations had passed and (2) respondent was prejudiced by...

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