Legal Opinion

Silva v. Maplewood Care Center

Supreme Court of Minnesota

Decided August 13, 1998No. C5-97-1282Published

1Dissent · TomljanovichTomljanovich, Justice

This court has the inherent and statutory authority to promulgate rules regulating pleadings and procedure in the courts of this state. See Minn.Stat. § 480.051 (1996); State v. Willis, 332 N.W.2d 180, 184 (Minn.1983). However, the majority’s strained application of a rule of civil procedure to an administrative proceeding raises, in my view, serious concerns about the separation of powers, while skirting the important constitutional issue before us. I respectfully dissent.

Long ago, this court acknowledged that the legislature could delegate quasi-judicial power over workers’ compensation…

Also in this document: Dissent · Stringer.

2Cases cited8 opinions

  1. Breimhorst v. BeckmanSupreme Court of Minnesota · 1949
  2. Johnson v. American Family Mutual Insurance Co.Supreme Court of Minnesota · 1988
  3. State v. WillisSupreme Court of Minnesota · 1983
  4. Matter of Welfare of JMSupreme Court of Minnesota · 1998
  5. State, Office of the State Auditor v. Minnesota Ass'n of Professional EmployeesSupreme Court of Minnesota · 1993

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