Legal Opinion
Jerry Wayne Cole v. Alexander Allen Wutzke
Court of Appeals of Minnesota
Decided August 31, 2015No. A15-60PublishedCited by 2 opinions
1Opinion of the Court
OPINION
SCHELLHAS, Judge.
Appellant challenges the district court’s judgment of dismissal of his personal-injury action for noncompliance with Minn. R. Civ. P. 5.04(a), which requires actions to be filed within one year of service. 1 Because the grant of relief under Minn. R. Civ. P. 60.02 is appropriate, we reverse the judgment of dismissal and remand for further proceedings on the merits.
FACTS
On April 25, 2012, appellant Jerry Wayne Cole was involved in an automobile collision with respondent Alexander Allen Wutzke. On June 5, 2013, Cole initiated a civil action by serving a summons and…
2Cases cited14 opinions
- Hinz v. Northland Milk & Ice Cream Co.Supreme Court of Minnesota · 1952
- Dalton v. Dow Chemical Co.Supreme Court of Minnesota · 1968
- Finden v. KlaasSupreme Court of Minnesota · 1964
- Kosloski v. JonesSupreme Court of Minnesota · 1973
- Charson v. Temple IsraelSupreme Court of Minnesota · 1988
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3Cited by2 opinions
- Jerry Wayne Cole v. Alexander Allen WutzkeSupreme Court of Minnesota · 2016
- Shannon Fogarty v. Ciao BellaCourt of Appeals of Minnesota · 2016