Anderson v. Sundstrom

Robert J. Breunig, Justice. *

Plaintiff appeals from an order determining upon motion that defendant’s obligation on a judgment had been discharged in bankruptcy and quashing all legal process to execute thereon. Because plaintiff erroneously believed that the issue of nondis-chargeability was res judicata, he did not request an evidentiary hearing pursuant to Rule 43.05, Rules of Civil Procedure. Upon the record, we affirm the district court’s determination. However, we do so without prejudice to plaintiff’s right to move the trial court for a redetermination after an evidentiary hearing.

The…