Cited by
Opinions in Minnesota that cite Jerry Wayne Cole v. Alexander Allen Wutzke, 884 N.W.2d 634.
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U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust v. Robin K. Magee, Housing and Redevelopment …
Minn. Ct. App. 2026
d 4 611 (Minn. 2016) (deemed dismissal of personal-injury action); (deemed dismissal of personal-injury action); & n.1 (Minn. 1988) (dismissal of breach-of-employment-contract and defamation action for failure to timely file “Note of Issue/Certificate of Readiness”).
- Anthony Evans, Appellant, Minn. Ct. App. 2026
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Christian Fitchett v. Dolezal Creative Design Build Inc.
Minn. Ct. App. 2026
“Although some showings may be stronger than others, the moving party must establish all four requirements for relief to be warranted.” d 634, 637 (Minn. 2016) (citation omitted).
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In the Marriage of:
Minn. Ct. App. 2026
“It is generally for the district court to determine whether 11 the excuse offered by the movant is true and reasonable under the circumstances.”
- Meaghan Witthaus, et al., Respondents, Minn. Ct. App. 2026
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Solution Blue Inc., a Minnesota Corporation, Respondent,
Minn. Ct. App. 2026
The district court bears the responsibility for determining “whether the excuse offered by the movant is true and reasonable under the circumstances.” see also Gams, d at 620 (stating “the district court is in the best position to evaluate the reasonableness of the excuse” (quotation omitted)).
- Gary Lee Ambrose v. Shea Jerred Nettifee, (A25-1601), Idlelee Renee Ambrose v. ... Minn. Ct. App. 2026
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Gary Lee Ambrose v. Shea Jerred Nettifee, (A25-1601), Idlelee Renee Ambrose v. ...
Minn. Ct. App. 2026
(“[I]t is generally for the district court to determine whether the excuse offered by the movant is true and reasonable under the circumstances.”).
- In the Matter of: Amy Alyssa Arnemann, on Behalf of Minor Children v. Samuel Morton Post III, ... Minn. Ct. App. 2026
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In the Matter of: Amy Alyssa Arnemann, on Behalf of Minor Children v. Samuel Morton Post III, ...
Minn. Ct. App. 2026
The movant is not entitled to relief unless they satisfy all four Finden factors based on an evaluation of “all the surrounding circumstances of [the] case.”
- Jenna Marie Benzinger v. Roger Tabet Minn. Ct. App. 2026
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Jenna Marie Benzinger v. Roger Tabet
Minn. Ct. App. 2026
Under the reasonable-excuse factor, “mistakes of law, as well as mistakes of fact, may afford grounds for relief.” (quotation omitted).
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Timothy S. Christenson, et al., Respondents,
Minn. Ct. App. 2025
“The moving party must establish all four requirements for relief to be warranted.” 4 d 634, 637 (Minn. 2016) .
- In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson Minn. Ct. App. 2025
- In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson Minn. Ct. App. 2025
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Don Magnuson, Appellant,
Minn. Ct. App. 2025
These four factors are (1) “a reasonable defense on the merits,” (2) “a reasonable excuse” for the movant’s failure or neglect to act, (3) that the movant acted “with due diligence after learning of the error or omission,” and (4) “that no substantial prejudice will result to the other party.” (citations and quotations omitted).
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Alliant Ventures IX, LLC, Respondent,
Minn. Ct. App. 2025
Whether a default judgment should be reopened “is a matter largely within the discretion of the [district] court, and that court’s decision will not be reversed unless such discretion is abused.” see also Cole v. Wutzke , (“[W]e conclude that the district court abused its discretion by failing to properly apply the Finden test in this case.”).
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A24-0675
Minn. Ct. App. 2025
While it is correct that prejudice cannot be inferred from delay alone, “the movant bears the burden of demonstrating that the delay resulting from his or her error or omission has not resulted in a real or particular harm to other party.”
- Christopher Villella, Appellant, Minn. Ct. App. 2024
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Lavern Allen Harris, Appellant,
Minn. Ct. App. 2024
(citing Finden, d at 750).
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Colby Lake Fourth Association, Appellant,
Minn. Ct. App. 2023
A party seeking to avoid default judgment must show “a debatably meritorious claim” that “presents a cognizable claim for relief.”
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2913 29th Avenue South LLC, Appellant,
Minn. Ct. App. 2023
These four factors are (1) “a reasonable defense on the merits,” (2) “a reasonable excuse” for the movant’s failure or neglect to act, (3) that the movant acted “with due diligence after learning of the error or omission,” and (4) “that no substantial prejudice will result to the other party.” (citations and quotations omitted).
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Hiscox Insurance Company,
Minn. 2023
16 court and is based upon all the surrounding circumstances of each case.” Cole v. Wutzke
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Minnwest Bank, Respondent,
Minn. Ct. App. 2022
The moving party must provide “specific information” demonstrating the existence of a reasonable defense; “[c]onclusory allegations in moving papers are ordinarily insufficient.”
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Steven D. Woodke, et al., Appellants,
Minn. Ct. App. 2022
“Instead, [r]ule 5.04(a) is a procedural tool [the supreme court] promulgated to aid the orderly and efficient administration of justice.”
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City of Minneapolis, Respondent,
Minn. Ct. App. 2022
We begin with precedent establishing that rule 5.04(a) “is not a legislatively enacted statute of limitations designed to provide repose to a defendant.”
- Tracy Nuthak, Respondent, Minn. Ct. App. 2022
- Jeffrey Rangel Perez, et al., Appellants, Minn. Ct. App. 2022
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Jane Doe 126, by and through her Guardian, Father Doe 126, Appellants,
Minn. Ct. App. 2022
-18 (Minn. 2016); -39 (Minn. 2016).
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Washington Jimenez-Moncayo, Appellant,
Minn. Ct. App. 2021
See Gams v. Houghton , -18 (Minn. 2016); -39 (Minn. 2016).
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Cheryl Orcutt, Respondent,
Minn. Ct. App. 2021
18, 1987) ; see also Cole v. Wutzke , (“Although some showings may be stronger than others, the moving party must establish all four requirements for relief to be warranted.” (citations omitted)).
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Steven Fischer, Appellant,
Minn. Ct. App. 2020
a debatably meritorious claim; (2) a reasonable excuse for [the] failure or neglect to act; (3) [the exercise of] due diligence after learning of the error or omission; and (4) that 3 no substantial prejudice will result to the other party.”
- Safeco Insurance Company, Appellant, Minn. Ct. App. 2020
- Ruth Crosby, Appellant, Minn. Ct. App. 2020
- Terry Curtin, et al., Appellants, Minn. Ct. App. 2020
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R&S Crossing, LLC, Respondent,
Minn. Ct. App. 2020
e 60.02(a) provides that the court may relieve a party from a final judgment and order a new tr ial or grant other reli ef in the event of “[m]istake, inadvertence, surprise, or excusable neglect.” Whether relief under this rule is appropriate is “committed to the sound discretion of the district court and is based upon all 10 the surrounding circumstances of each case.” Cole v. Wutzke
- In the Matter of the Civil Commitment of: Larry Franklin Dean. Minn. Ct. App. 2019
- In the Matter of the Civil Commitment of: Justin Allen Newman. Minn. Ct. App. 2019
- Buck Blacktop, Inc. v. Gary Contracting and Trucking Company, LLC 929 N.W.2d 12 Minn. Ct. App. 2019
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Buck Blacktop, Inc. v. Gary Contracting and Trucking Company, LLC
929 N.W.2d 12
Minn. Ct. App. 2019
See, e.g. , Gams v. Houghton , , 615-21 (Minn. 2016) ; Cole v. Wutzke , , 637-39 (Minn. 2016) ; Nguyen v. State Farm Mut.
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Mary Brown, Appellant,
Minn. Ct. App. 2019
Whether relief unde r this rule is appropriate is “committed to the sound discretion of the district court and is based upon all the surrounding circumstances of each case.”
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In the Matter of the Civil Commitment of: Edward Eugene Dooley.
Minn. Ct. App. 2019
No. 1 , cf. Cole v. Wutzke , (analyzing a motion for relief under rule 60.02(a) based on counsel’s mistake and ignorance of the law).
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Nicholas J. Carney, et al., Respondents,
Minn. Ct. App. 2019
“[A] debatably meritorious claim is one that, if established at trial, presents a cognizable claim for relief.” Cole v. Wutzke , .
- In re Poole 921 N.W.2d 62 Minn. Ct. App. 2018
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In re Poole
921 N.W.2d 62
Minn. Ct. App. 2018
See, e.g. , Cole v. Wutzke , , 638 (Minn. 2016) (reopening judgments under Minn. R. Civ.
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Larson Ventures, Inc., Appellant,
Minn. Ct. App. 2018
Larson Ventures, Inc. , 2017 WL 1833318, at *4 (citing and discussing Gams v. Houghton , , ).
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Charlie Siegle, Appellant,
Minn. Ct. App. 2018
The Minnesota Supreme Court has “long said that mistakes of law, as well as mistakes of fact, may afford grounds for relief.” (quotations and alterations omitted).
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650 North Main Association, Respondent,
Minn. Ct. App. 2018
4-45 (Minn. App. 2013), review denied (Minn. Oct.
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Mary Larsen, et al., Appellants,
Minn. Ct. App. 2018
debatably meritorious claim; (2) a reasonable excuse for his or her failure or neglect to act; (3) that he or she acted with due diligence after learning of the error or omission; and (4) that no substantial prejudice will result to the other party.” (quotations omitted); see Finden v. Klaas, 268 Minn. 268, 271, d 748, 750 (1964) (establishing these requirements) .
- Cornell v. Ripka 897 N.W.2d 801 Minn. Ct. App. 2017