Cited by
Opinions in Minnesota that cite Coller v. Guardian Angels Roman Catholic Church of Chaska, 294 N.W.2d 712.
- Shawn Drewicke v. State Farm Fire and Casualty Company Minn. Ct. App. 2025
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Shawn Drewicke v. State Farm Fire and Casualty Company
Minn. Ct. App. 2025
d 73, 77 (Minn. 2024) (continuance of criminal trial); (continuance of deadline to provide an affidavit of expert review); (continuance under Minn. R. Civ.
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Lydia Louise Monahan, Appellant,
Minn. Ct. App. 2025
Church of Chaska, (providing that court should relieve defendant of judgment under Rule 60.02 of the Minnesota Rules of Civil Procedure when these four requirements are met).
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Don Magnuson, Appellant,
Minn. Ct. App. 2025
arson v. Temple Israel , (“Charson moved with ‘due diligence’ after receiving notice of the dismissal.”); (“[Client] hired another attorney a short time after discovering that nothing had been done and that judgment had been entered against her.”); Coller v. Guardian Angels Roman Catholic Church of Chaska , (“[D]efendants’ attorney acted with due diligence once he became aware of his failure to serve an answer.”).
- Alliant Ventures IX, LLC, Respondent, Minn. Ct. App. 2025
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Colby Lake Fourth Association, Appellant,
Minn. Ct. App. 2023
Church of Chaska, (explaining that consideration of a motion for default judgment involves four Finden factors: (1) reasonable defense on the 7 “After an appellate court has remanded a case, a district court must abide by the appellate court ’s mandate ‘strictly according to its terms ’ and ‘has no power to alter
- Minnwest Bank, Respondent, Minn. Ct. App. 2022
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Safeco Insurance Company, Appellant,
Minn. Ct. App. 2020
Co., (noti ng that “case law reflects a strong policy favoring the granting of relief wh en judgment is entered thro ugh no fault of the client”); see also Coller v. Guardian Angels Roman Catholic Church of Chaska , (finding the reasonable excu se prong satisfied where “the individual defendants were not at all responsible for their failure to answer; the failure was occasioned solely by the inadvertence of their attorney”).
- Mark R. Krampf, Appellant, Minn. Ct. App. 2020
- Laymon v. Minnesota Premier Properties, LLC 903 N.W.2d 6 Minn. Ct. App. 2017
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Laymon v. Minnesota Premier Properties, LLC
903 N.W.2d 6
Minn. Ct. App. 2017
(), review dismissed (Minn. Sept.
- Susan Dianna Orr v. Rebecca Kay Britten Minn. Ct. App. 2017
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Susan Dianna Orr v. Rebecca Kay Britten
Minn. Ct. App. 2017
Indeed, 5 “Minnesota courts have consistently held that default caused by a party’s attorney rather than by the party himself should be excused.” -41 (Minn. 1982) (reversing district court’s denial of relief from judgment entered after attorney failed to respond to a summary-judgment motion); Finden, 268 Minn. at 271-72, d at 750-51 (reversing district court’s denial of relief from jud
- Jerry Wayne Cole v. Alexander Allen Wutzke 884 N.W.2d 634 Minn. 2016
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Jerry Wayne Cole v. Alexander Allen Wutzke
884 N.W.2d 634
Minn. 2016
upon learning of the oversight.”); Charson, d at 491 (“Charson moved with ‘due diligence’ after receiving notice of the dismissal.”); (“[Client] hired another attorney a short time after discovering that nothing had been done and that judgment had been entered against her.”); (“[D]efendants’ attorney acted with due diligence once he became aware of his failure to serve an answer.”).
- Thomas M. Fafinski v. Jaren Johnson Minn. Ct. App. 2016
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Thomas M. Fafinski v. Jaren Johnson
Minn. Ct. App. 2016
see also Finden, 268 Minn. at 271, d at 750.
- Rebecca J. Adams, John Crudele v. James Koch, Steve Hyland, Erik Ostigaard, Greg Bohnsack Minn. Ct. App. 2016
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Rebecca J. Adams, John Crudele v. James Koch, Steve Hyland, Erik Ostigaard, Greg Bohnsack
Minn. Ct. App. 2016
see Hinz, 237 Minn. at 30, d at 456.
- Joseph Molesky v. John L. Trebesch, Sheila P. Sabas Minn. Ct. App. 2016
- Joseph Molesky v. John L. Trebesch, Sheila P. Sabas Minn. Ct. App. 2016
- Shannon Fogarty v. Ciao Bella Minn. Ct. App. 2016
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Shannon Fogarty v. Ciao Bella
Minn. Ct. App. 2016
“Minnesota courts have consistently held that default caused by a party’s attorney rather than by the party himself should be excused.”
- Jerry Wayne Cole v. Alexander Allen Wutzke 868 N.W.2d 925 Minn. Ct. App. 2015
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Jerry Wayne Cole v. Alexander Allen Wutzke
868 N.W.2d 925
Minn. Ct. App. 2015
Kosloski v. Jones, 295 Minn. 177, 179–80
- Steven Charles Lind v. William Guenther Minn. Ct. App. 2015
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Steven Charles Lind v. William Guenther
Minn. Ct. App. 2015
“A trial court’s action permitting a party to serve or file a pleading after expiration of a time limit is discretionary and will not be reversed unless the discretion 2 has been abused.”
- In Re the Appeal of the Exclusion of Molnar 720 N.W.2d 604 Minn. Ct. App. 2006
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In Re the Appeal of the Exclusion of Molnar
720 N.W.2d 604
Minn. Ct. App. 2006
1161 (1948) (stating that Fourteenth Amendment “erects no shield against merely private conduct, however discriminatory or wrongful”); -17 (Minn.1980) (holding that private-school teacher who directed state-sponsored program had no due process claim in absence of state action).
- Black v. Rimmer 700 N.W.2d 521 Minn. Ct. App. 2005
- Black v. Rimmer 700 N.W.2d 521 Minn. Ct. App. 2005
- T.D. v. A.K. 677 N.W.2d 110 Minn. Ct. App. 2004
- Td v. Ak 677 N.W.2d 110 Minn. Ct. App. 2004
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T.D. v. A.K.
677 N.W.2d 110
Minn. Ct. App. 2004
(“A trial court’s action permitting a party to serve or file a pleading after expiration of a time limit is discretionary and will not be reversed unless the discretion has been abused.”).
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Td v. Ak
677 N.W.2d 110
Minn. Ct. App. 2004
("A trial court's action permitting a party to serve or file a pleading after expiration of a time limit is discretionary and will not be reversed unless the discretion has been abused.").
- Sigurdson v. Carl Bolander & Sons, Co. 511 N.W.2d 482 Minn. Ct. App. 1994
- Sigurdson v. Carl Bolander & Sons, Co. 511 N.W.2d 482 Minn. Ct. App. 1994
- Moen v. Mikhail 447 N.W.2d 462 Minn. Ct. App. 1989
- Moen v. Mikhail 447 N.W.2d 462 Minn. Ct. App. 1989
- Parker v. O'PHELAN 414 N.W.2d 534 Minn. Ct. App. 1987
- Parker v. O'PHELAN 414 N.W.2d 534 Minn. Ct. App. 1987
- Marriage of Scholle v. Scholle 411 N.W.2d 912 Minn. Ct. App. 1987
- Marriage of Scholle v. Scholle 411 N.W.2d 912 Minn. Ct. App. 1987
- McKinley v. Flaherty 390 N.W.2d 30 Minn. Ct. App. 1986
- McKinley v. Flaherty 390 N.W.2d 30 Minn. Ct. App. 1986
- Howard v. Frondell 387 N.W.2d 205 Minn. Ct. App. 1986
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Howard v. Frondell
387 N.W.2d 205
Minn. Ct. App. 1986
Thayer v. American Financial Advisers, Inc., (citing Whipple v. Mahler, 215 Minn. 578 , )
- WGSH, INC. v. Bollinger 384 N.W.2d 592 Minn. Ct. App. 1986
- WGSH, INC. v. Bollinger 384 N.W.2d 592 Minn. Ct. App. 1986
- Spicer v. Carefree Vacations, Inc. 379 N.W.2d 728 Minn. Ct. App. 1986