Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/Cross-Respondent.

OPINION

GILDEA, Chief Justice.

In this ease, we are asked to decide whether Minn. R. Civ. P. 60.02 applies to a Minn. R. Civ. P. 5.04(a) “deemed” dismissal, and whether such a dismissal violates procedural due process. The district court concluded that Rule 60.02 is inapplicable to a dismissal under Rule 5.04(a) or, alternatively, that respondent Ferdinand .Leo Gams, Jr. failed to establish all four requirements for relief under Rule 60.02, see Finden v. Klaas, 268 Minn. 268, 128 N.W.2d 748 (1964). The court' of appeals reversed and remanded for reconsideration, rejecting the district court’s…