Legal Opinion

Jerry Wayne Cole v. Alexander Allen Wutzke

Supreme Court of Minnesota

Decided August 31, 2016No. A15-60PublishedCited by 6 opinions

1Opinion of the Court

OPINION

GILDEA, Chief Justice.

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 of the law” could not constitute “excusable neglect” under the rule. The court of appeals reversed and concluded that Cole was, entitled to relief under Rule 60.02. Cole v. Wutzke, 868 N.W.2d 925, 928-30 (Minn.App.2015). Because we conclude that the district…

2Cases cited20 opinions

  1. Schacht v. United StatesSupreme Court of the United States · 1970
  2. Dalton v. Dow Chemical Co.Supreme Court of Minnesota · 1968
  3. Finden v. KlaasSupreme Court of Minnesota · 1964
  4. Firoved v. General Motors CorporationSupreme Court of Minnesota · 1967
  5. In Re the Civil Commitment of GiemSupreme Court of Minnesota · 2007

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3Cited by6 opinions

  1. Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/Cross-Respondent.Supreme Court of Minnesota · 2016
  2. Buck Blacktop, Inc. v. Gary Contracting and Trucking Company, LLCCourt of Appeals of Minnesota · 2019
  3. Cornell v. RipkaCourt of Appeals of Minnesota · 2017
  4. In re PooleCourt of Appeals of Minnesota · 2018
  5. Margaret MacCallum and Antimo Veneziale, individually, and as assignees of James S. Poyser and Ashley E. Poyser (Bystrom) v. Spring Bay Floating Lodges, Inc., d/b/a Vermillion HouseboatsCourt of Appeals of Minnesota · 2017

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