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GAMS v. HOUGHTON

No. A14-1747.

884 N.W.2d 611 (2016)

Ferdinand Leo GAMS, Jr., Respondent/Cross-Appellant, v. Steven Ronald HOUGHTON, Appellant/Cross-Respondent.

Supreme Court of Minnesota.

August 31, 2016.

Attorney(s) appearing for the Case

Kay Nord Hunt , Lommen Abdo, P.A., Minneapolis, MN; and Carver Richards , Honkanen Richards, S.C., Virginia, MN, for respondent/cross-appellant.

Jerome D. Feriancek , Ryan C. Stutzman , Thibodeau, Johnson & Feriancek, PLLP, Duluth, MN, for appellant/cross-respondent.

Charles F. Webber , Faegre Baker Daniels LLP, Minneapolis, MN; and Daniel J. Cragg , Eckland & Blando LLP, Minneapolis, MN, for amicus curiae Minnesota State Bar Association.

OPINION

In this case, we are asked to decide whether Minn. R. Civ. P. 60.02 applies to a Minn. R. Civ. P. 5.04(a) "deemed" dismissal, and whether such a dismissal violates procedural due process. The district court concluded that Rule 60.02 is inapplicable to a dismissal under Rule 5.04(a) or, alternatively, that...

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