Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton

OPINION

RODENBERG, Judge.

Appellant’s personal-injury action was dismissed pursuant to Minn. R. Civ. P. 5.04(a) because it was filed in district court more than one year after the action was commenced by service. The district court denied appellant’s request for relief under Minn. R. Civ. P. 60.02, concluding that such relief from a judgment of dismissal under rule 5.04(a) is not available and, alternatively, that appellant, failed to “prove all four elements” for rule-60.02 relief even if such relief were to be considered available. Because we conclude that rule 60.02 applies to judgments…