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COLE v. WUTZKE

No. A15-0060.

884 N.W.2d 634 (2016)

Jerry Wayne COLE, Respondent, v. Alexander Allen WUTZKE, Appellant.

Supreme Court of Minnesota.

August 31, 2016.

Attorney(s) appearing for the Case

Kay Nord Hunt , Lommen Abdo, P.A., Minneapolis, MN; and Michael J. Fay , Fay & Associates, LLC, Minneapolis, MN, for respondent.

Paula Duggan Vraa , Stephanie L. Chandler , Larson • King, LLP, Saint Paul, MN, for appellant.

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

The question presented in this case is whether counsel's mistake about the applicability of a procedural rule is sufficient, by itself, to deny relief under Minn. R. Civ. P. 60.02. The district court denied respondent Jerry Wayne Cole's Rule 60.02 motion concluding that Cole's counsel's admitted "ignorance...

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