Doe v. Legacy Broadcasting of Minnesota, Inc.

OPINION

NORTON, Judge.

The trial court entered a default judgment against appellant because he failed to answer respondent’s complaint in a timely fashion. Because we hold that respondent waived her objection to appellant’s late answer, we reverse.

FACTS

Respondent Mary Doe served a complaint upon appellant Christopher Tsipour-as on April 17, 1990. Respondent’s complaint alleged that Tsipouras and several other men sexually assaulted her in a hotel room on August 9, 1989. Appellant was incarcerated at the Minnesota Correctional Facility at Oak Park Heights when served.

Appellant failed to answer…