O'BRIEN v. DOMBECK

No. A12-0984.

823 N.W.2d 895 (2012)

Gail C. O'BRIEN, f/k/a Gail C. Dombeck, Respondent, v. William Raymond Herbert DOMBECK, II, Respondent, Central Valley Cooperative, f/k/a Central Co-op, et al., Appellants.

Court of Appeals of Minnesota.

December 3, 2012.


Attorney(s) appearing for the Case

Stephen J. Smith , Benjamin M. Cass , Smith, Tollefson & Rahrick, Owatonna, MN, for respondent Gail C. O'Brien.

Gregory E. Kuderer , Erickson, Zierke, Kuderer & Madsen, P.A., Fairmont, MN, for respondent William Dombeck.

Gordon H. Hansmeier , Matthew W. Moehrle , Rajkowski Hansmeier, Ltd., St. Cloud, MN, for appellants.

Considered and decided by CONNOLLY, Presiding Judge; JOHNSON, Chief Judge; and RODENBERG, Judge.


OPINION

RODENBERG, Judge.

Appellants Robert Dean Hareid and Central Valley Cooperative challenge the district court's reallocation of respondent William Dombeck's uncollectible share of a judgment pursuant to Minn.Stat. § 604.02, subd. 2. They also challenge the district court's declination to apportion costs and disbursements in accordance with each defendant's percentage of fault. Because the plain language of the reallocation statute does not require...

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