Norwest Bank Minnesota, N.A. v. Hurley

Opiinion of the Court by

Justice JOHNSTONE.

The Court of Appeals dismissed Appellant’s appeal on grounds that it was not timely filed. We granted discretionary review and reverse.

I. Facts and Procedural History

Appellant, Norwest Bank Minnesota, N.A., instituted a foreclosure action against Appellee, Darrel Hurley, on September 9, 1999. Hurley answered with a general denial on October 5, 1999. A few days later, Hurley served interrogatories and requests for production of documents on Norwest’s counsel. After two months without a response to his discovery requests, Hurley moved the trial court…