Cited by
Opinions in Minnesota that cite In re the Discipline of White, 388 N.W.2d 713.
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In re the Marriage of: Chriss O. Latterell v. Mary Jean Latterell
Minn. Ct. App. 2024
And the supreme court has stated that “motions to modify divorce decrees brought under [r]ule 60.02 should not be entertained by the district courts.” n.1 (Minn. 1986).
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In re the Matter of:
Minn. Ct. App. 2022
Lindsey v. Lindsey , see also Blattner v. 8 Blattner, (citing to this provision of Lindsey), rev. denied (Minn. Oct.
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In re the Marriage of: Brad Allen Friesz, petitioner, Respondent,
Minn. Ct. App. 2022
.” (emphasis added)); n.1 (Minn. 1986) (“[M]otions to modify divorce decrees brought under Rule 60.02 should not be entertained by the district courts.”).
- In re the Marria ge of: Marla Jean Knapp v. James Alan Knapp 883 N.W.2d 833 Minn. Ct. App. 2016
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In re the Marriage of: Dontrell Valerie Thornton v. Herbert Thornton, Jr.
Minn. Ct. App. 2016
Although rule 60.02(a) does not technically apply to marriage-dissolution decrees, n.1 (Minn. 1986), cases citing the rule can be used when applying Minn. Stat. § 518.145, subd.
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In re the Marriage of: Heather Santilli Gamble v. John Stebbins Gamble
Minn. Ct. App. 2014
Duress implies taking advantage of a party’s mental or emotional condition, –16 (Minn. 1986), or “undue pressure” coupled with abusive behavior, see Hestekin, d at 310.
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In re the Guardianship of O'Brien
847 N.W.2d 710
Minn. Ct. App. 2014
754, 755 (1938) (quotation omitted); (“Mental capacity [to enter into a contract] exists when a person can fairly understand the matter he is considering.”), affd as modified
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In Re the Welfare of the Children of R.A.J.
769 N.W.2d 297
Minn. Ct. App. 2009
A court has the inherent power to set aside a final judgment if it determines “that such a judgment amounts to fraud upon the court.”
- Alam v. Chowdhury 764 N.W.2d 86 Minn. Ct. App. 2009
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Marriage of Hestekin v. Hestekin
587 N.W.2d 308
Minn. Ct. App. 1998
See, , 165—66 (Minn.1989) (fraud); (fraud in taking advantage of spouse’s mental and emotional condition); Simons v. Schiek’s, Inc., 275 Minn. 132 , (mutual mistake); Thunderbird Motel Corp. v. County of Hennepin, 289 Minn. 239 , (excusable mistake or misunderstanding); Fagerstrom v. Cotton
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Marriage of Shirk v. Shirk
561 N.W.2d 519
Minn. 1997
See, (setting aside a dissolution decree based on a sufficient showing of fraud on the court, where wife suffered from incapacitating mental illness); (concluding *523 that a stipulation was “grossly unfair,” making it impossible for the trial court to ap
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Marriage of Sanborn v. Sanborn
503 N.W.2d 499
Minn. Ct. App. 1993
2 (1990), “A finding of fraud on the court and the administration of justice must be made under the peculiar facts of each case.” Maranda, d at 164 ().
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Pacific Mutual Door Co. v. James
465 N.W.2d 696
Minn. Ct. App. 1991
29 *699 (Minn.App.1985), aff'd as modified
- Cadle v. Cadle 457 N.W.2d 736 Minn. Ct. App. 1990
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Marriage of Maranda v. Maranda
449 N.W.2d 158
Minn. 1989
this court considered a similar motion.
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Berens v. Berens
443 N.W.2d 558
Minn. Ct. App. 1989
Additionally, we note that Joanne did not mention or contest in her brief the trial court’s or Minn.Stat.
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Marriage of Glorvigen v. Glorvigen
438 N.W.2d 692
Minn. Ct. App. 1989
Appellant also contends that the overall property division constituted a fraud upon the court
- Knut. Co. v. Knutson Construction Co. 433 N.W.2d 149 Minn. Ct. App. 1989
- Marriage of Maranda v. Maranda 435 N.W.2d 621 Minn. Ct. App. 1989
- In Re the Marriage of Steffan 423 N.W.2d 729 Minn. Ct. App. 1988
- Marriage of Angier v. Angier 415 N.W.2d 53 Minn. Ct. App. 1987
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Marriage of Kuchenmeister v. Kuchenmeister
414 N.W.2d 538
Minn. Ct. App. 1987
716 & n. 1 (Minn.1986)
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Marriage of Merickel v. Merickel
414 N.W.2d 208
Minn. Ct. App. 1987
The trial court held there was no subject matter jurisdiction to vacate or modify the judgment under Rule 60.02 which was decided shortly after the hearing.
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Marriage of Blattner v. Blattner
411 N.W.2d 24
Minn. Ct. App. 1987
Trial courts have inherent power to set aside or modify a divorce decree, where the court determines that “such a judgment amounts to a fraud upon the court.” 1
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Marriage of Wange v. Wange
410 N.W.2d 867
Minn. Ct. App. 1987
60.02 is not applicable in dissolution cases, the trial court properly stated the requirements for vacation of a
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Marriage of Manore v. Manore
408 N.W.2d 883
Minn. Ct. App. 1987
in denying appellant’s request to vacate the dissolution judgment.
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Marriage of Yeager v. Yeager
405 N.W.2d 519
Minn. Ct. App. 1987
Bredemann v. Bredemann, 253 Minn. 21, 24
- Beede v. Law 400 N.W.2d 831 Minn. Ct. App. 1987
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Marriage of Moir v. Moir
400 N.W.2d 394
Minn. Ct. App. 1987
the supreme court reiterated its holding in Bredemann v. Bredemann, 253 Minn. 21 , that dissolution judgments are excluded from the provisions of Minn.R.Civ.P.
- Marriage of Clay v. Clay 397 N.W.2d 571 Minn. Ct. App. 1986
- Volkman v. Volkman 394 N.W.2d 869 Minn. Ct. App. 1986
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Marriage of Adams v. Adams
393 N.W.2d 508
Minn. Ct. App. 1986
In Lindsey v. Lind *510 sey, the supreme court held that the language in Rule 60.02, which excludes dissolution judgments from its purview, prohibits courts from applying Rule 60.02 to any portion of a dissolution judgment: In the future * * * motions to modify divorce decrees brought under Rule 60.02 should not be entertained by the
- Hennepin County Welfare Board v. Kolkind 391 N.W.2d 539 Minn. Ct. App. 1986
- Marriage of Kroeplin v. Haugen 390 N.W.2d 872 Minn. Ct. App. 1986
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Marriage of Saturnini v. Saturnini
390 N.W.2d 425
Minn. Ct. App. 1986
A trial court may only set aside a judgment in a dissolution decree “where it determines that such a judgment amounts to fraud upon the court.” see also Bredemann v. Bredemann, 253 Minn. 21, 25