BANKCHEROKEE v. INSIGNIA DEVELOPMENT, LLC

No. A09-876.

779 N.W.2d 896 (2010)

BANKCHEROKEE, Respondent, v. INSIGNIA DEVELOPMENT, LLC, Defendant, Jeffrey M. Schoenwetter, Appellant.

Court of Appeals of Minnesota.

March 16, 2010.


Attorney(s) appearing for the Case

John F. Kelly, Thomas M. Scott, Campbell Knutson, Eagan, MN, for respondent.

Charles J. Schoenwetter, Michael R. Carey, Bowman and Brooke LLP, Minneapolis, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; KALITOWSKI, Judge; and STAUBER, Judge.


OPINION

KALITOWSKI, Judge.

This is an appeal from summary judgment and denial of appellant's motion to amend his answer. Appellant argues that (1) the district court erred in concluding that his motion to amend his answer to assert the defense of fraud in the execution could not withstand summary judgment; (2) the district court erred in rejecting his additional defenses on summary judgment; and (3) even if summary judgment was proper, the amount of damages...

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