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AYALA v. AYALA

No. A07-0657.

749 N.W.2d 817 (2008)

Tina AYALA, Petitioner, Respondent, v. Carlos AYALA, Appellant.

Court of Appeals of Minnesota.

May 27, 2008.

Attorney(s) appearing for the Case

Thomas A. Gilligan, Jr., Laura R. Gurney, Murnane Brandt, St. Paul, MN, for respondent.

Anthony Bushnell, The Bushnell Law Firm, Blaine, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; LANSING, Judge; and JOHNSON, Judge.

OPINION

ROSS, Judge.

Carlos Ayala appeals from the district court's denial of his request to vacate an ex parte order for protection (OFP) issued against him. He argues that he was denied his statutory right to challenge the OFP because he was not properly served notice of the petition and hearing as required by the Minnesota Domestic Abuse Act, Minnesota Statutes section 518B.01, subdivision 5(f) (2006). He argues...

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