Cited by
Opinions in Minnesota that cite Charson v. Temple Israel, 419 N.W.2d 488.
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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”).
- Christian Fitchett, et al v. Dolezal Creative Design Build Inc., et al Minn. Ct. App. 2026
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Solution Blue Inc., a Minnesota Corporation v. Hmong American Veterans Park Inc., Northwest Asphalt Inc., Rapp Land Surveying …
Minn. Ct. App. 2026
-92 (Minn. 1988); see also Finden, d at 750.
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Don Magnuson v. Minnesota Therapeutic Recreation Association, et al., John Doe, et al
Minn. Ct. App. 2025
Co. , (“Defendant acted with diligence upon learning of the oversight.”); see also Charson 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 An
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Hiscox Insurance Company
Minn. 2023
Relief is warranted where the movant satisfies four requirements: (1) a debatably meritorious claim; (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.” –92 (Minn. 1988) ().
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Minnwest Bank v. Beth Ann Kalass, et al., Estate of Henry G Petersen, Decedent, et al
Minn. Ct. App. 2022
“[E]ven in those cases where a court has held the neglect of a client’s attorney to be inexcusable, if such neglect has been purely that of counsel, ordinarily courts are loath to ‘punish’ the innocent client for the counsel’s neglect.” Cole, d at 638 ().
- Jeffrey Rangel Perez, et al v. Solomon Affa, Raiser, LLC, et al Minn. Ct. App. 2022
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In the Appeal of Jared Cunningham re: DHS Appeal for Maltreatment of a Minor
Minn. Ct. App. 2021
“[O]rdinarily, courts are loath to punish the innocent client for the counsel’s neglect.”
- Washington Jimenez-Moncayo v. Ashley Davis, et al Minn. Ct. App. 2021
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Safeco Insurance Company v. Holmgren Building Repair, Inc.
Minn. Ct. App. 2020
For example, even in cases where a district court concluded that counsel’s neglect was inexcusable, “if such neglect has been purely that of counsel, ordinarily courts are loath to ‘ punish’ the innocent clie nt for the counsel’s neglect.”
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Terry Curtin, et al v. RS Eden
Minn. Ct. App. 2020
For instance, even in cases where a district court determined that counsel’s neglect was inexcusable, “if such neglect has been purely that of counsel, ordinarily courts are loath to punish the innocent client for the counsel’s neglect.”
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R&S Crossing, LLC v. AF Enterprises, LLC, et al
Minn. Ct. App. 2020
Relying on Charson v. Temple Israel , (Mi nn.
- In the Matter of the Civil Commitment of: James Allen Sleen Minn. Ct. App. 2019
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In the Matter of the Civil Commitment of: Mark Jeffrey Dunker
Minn. Ct. App. 2019
Charson v. Temple Israel
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In re the Matter of: David Allen Engh v. Jennifer Culver, Ramsey County, Intervenor
Minn. Ct. App. 2019
Ordinarily, the existence of a reasonable defense must “be demonstrated by more than conclusory allegations in moving papers.” Charson v. Temple Israel
- 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
Co. , , 490-91 (Minn. 1997) ; Nelson v. Siebert , , 394-95 (Minn. 1988) ; Charson v. Temple Israel , , 491-92 (Minn. 1988) ; Conley v. Downing , , 40-41 (Minn. 1982).
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In the Matter of the Civil Commitment of: Edward Eugene Dooley
Minn. Ct. App. 2019
P. 60.02, and a district court’s denial of such relief is reviewed for an abuse of discretion
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Phyllis Louise Luskey v. Nikki Dee Eggum, et al
Minn. Ct. App. 2019
Generally, courts are “loath to ‘punish’ the innocent client for the counsel’s neglect” even when the neglect is “inexcusable.”
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In the Matter of the Welfare of the Child of: J. L. C., Parent
Minn. Ct. App. 2018
3 (no prejudice other than that resulting from delay, which does not establish prejudice); Riemer v. Zahn , (no prejudice when delay does not cause evidence to be affected or witnesses to be unavailable); (
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Larson Ventures, Inc. v. Jason P. Hoffman
Minn. Ct. App. 2018
Co. , ) ; see also Charson v. Temple Israel
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650 North Main Association v. Frauenshuh, Inc., Territorial Springs Riverview, LLC, et al., Kraus-Anderson Construction Company, Doe Affiliates …
Minn. Ct. App. 2018
P. 60.02(a); -20 (Minn. 2016); Cole, d at 637-38; Nelson v. Siebert
- Margaret MacCallum and Antimo Veneziale, individually, and as assignees of James S. Poyser and Ashley E. Poyser (Bystrom) … Minn. Ct. App. 2017
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Margaret MacCallum and Antimo Veneziale, individually, and as assignees of James S. Poyser and Ashley E. Poyser (Bystrom) …
Minn. Ct. App. 2017
4 party.” –92 (Minn. 1988) (quoting Finden v. Klaas, 268 Minn. 268, 271, ).
- John Troupe, et al v. Jeff Foster Construction, LLC, et al Minn. Ct. App. 2017
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John Troupe, et al v. Jeff Foster Construction, LLC, et al
Minn. Ct. App. 2017
at 620 (-92 (Minn.1988)).
- Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/Cross-Respondent. 884 N.W.2d 611 Minn. 2016
- Jerry Wayne Cole v. Alexander Allen Wutzke 884 N.W.2d 634 Minn. 2016
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Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/Cross-Respondent.
884 N.W.2d 611
Minn. 2016
-92 (Minn. 1988) (quoting Finden, 268 Minn. at 271, d at 750).
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Jerry Wayne Cole v. Alexander Allen Wutzke
884 N.W.2d 634
Minn. 2016
4 defense on the merits” or, as relevant here, a “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.’ ” -92 (Minn. 1988) (quoting Finden, 268 Minn. at 271, d at 750).
- S. Robideau Construction, Inc. v. John E. Hiber, Wells Fargo Bank, N.A. Minn. Ct. App. 2016
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S. Robideau Construction, Inc. v. John E. Hiber, Wells Fargo Bank, N.A.
Minn. Ct. App. 2016
“Rule 60.02 specifically provides that a trial court has discretionary power to grant relief, not only from the order but also from a final judgment.”
- Unifund CCR, LLC, as assignee of Pilot Receivables Management, LLC v. Jeffrey A. Carney Minn. Ct. App. 2016
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Unifund CCR, LLC, as assignee of Pilot Receivables Management, LLC v. Jeffrey A. Carney
Minn. Ct. App. 2016
See, Hinz v. Northland Milk & Ice Cream Co., 237 Minn. 28, 30
- In the Matter of the Civil Commitment of: Brad Ronald Stevens Minn. Ct. App. 2016
- In the Matter of the Civil Commitment of: Brad Ronald Stevens Minn. Ct. App. 2016
- In re: The Frank John Rodriguez Sr. Trust, October 28, 2005 Minn. Ct. App. 2016
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In re: The Frank John Rodriguez Sr. Trust, October 28, 2005
Minn. Ct. App. 2016
Northland Temps., d at 402.
- Joseph Molesky, et al v. John L. Trebesch, et al., Sheila P. Sabas, et al Minn. Ct. App. 2016
- First American Title Insurance Company v. National Title Resources Corp., dba Northwest Title Agency, et al., Co-Appellants, Wayne … Minn. Ct. App. 2016
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First American Title Insurance Company v. National Title Resources Corp., dba Northwest Title Agency, et al., Co-Appellants, Wayne …
Minn. Ct. App. 2016
See, (granting relief from judgment where the client was not complicit in the negligence or wrongdoing of his attorney); (“A litigant is not to be penalized for the neglect or mistakes of his lawyer.
- Joseph Molesky, et al v. John L. Trebesch, et al., Sheila P. Sabas, et al 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
oncluded that appellant’s attorney’s “failure to remain apprised of developments in the court rules governing civil actions is not reasonable excuse for the failure to timely file the action and is not excusable neglect.” But when analyzing the second rule-60.02 factor, a district court must “scrutinize[] the client’s action apart from [the] attorney’s omissions.”
- 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
Moreover, “even in those cases where a court has held the neglect of a client’s attorney to be inexcusable, if such neglect has been purely that of counsel, ordinarily courts are loath to ‘punish’ the innocent client for the counsel’s neglect.” see also C & A Enters.
- Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton 869 N.W.2d 60 Minn. Ct. App. 2015
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Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton
869 N.W.2d 60
Minn. Ct. App. 2015
269 n. 3 (Minn. 1998) ("It is well-settled law that courts should not reach constitutional issues if matters can be resolved otherwise."); , 492-93 n. 7 (Minn.1988) (declining to reach due-process challenge to local rule providing for dismissal with prejudice because relief was granted under rule 60.02).
- Laxman S. Sundae v. Jacob Salhus, Stacey Smith, Ryan Naddy Minn. Ct. App. 2015
- Laxman S. Sundae v. Jacob Salhus, Stacey Smith, Ryan Naddy Minn. Ct. App. 2015