Nelson v. Siebert

OPINION

NIERENGARTEN, P.J.

This is an appeal from a judgment denying the appellant’s motion to vacate an order which dismissed her action under Minn.R.Civ.P. 41.02 and Rule 4.03 of the Rules of the Fourth Judicial District. We reverse.

FACTS

Appellant Mabel Nelson initiated a medical malpractice action against respondent Richard Seibert in 1983 when she served Siebert with a summons and complaint. Although Nelson’s initial pleadings were not filed with the court, a court file number was assigned to the case when Siebert filed his answers with the Hennepin County District Court in October 1983.

On…