Cited by
Opinions in Minnesota that cite Peterson v. Eishen, 512 N.W.2d 338.
- In the Matter of the Welfare of the Child of: D. J. T. and N. L. T., Parents Minn. Ct. App. 2023
-
In the Matter of the Welfare of the Child of: D. J. T. and N. L. T., Parents
Minn. Ct. App. 2023
We also expressly rejected mother’s was controlling.
-
Court of Appeals Chutich, J. Dissenting, Hudson, J. Rebecca Ellen Bender, Gildea, C.J., Anderson, J.
Minn. 2022
(“The same abuse of discretion standard of review applies to decisions under both provisions .”) (overruled on other grounds by Bode v. Minn. Dep’t. of Nat.
-
Livingston Financial, LLC, as successor in interest to US Bank, Respondent,
Minn. Ct. App. 2017
A district court must vacate a void judgment, “without regard to such factors as the existence of a meritorious defense.” aff’d
- In re the Marriage of: Maria Suljic v. Ibrahim Suljic Minn. Ct. App. 2016
-
In re the Marriage of: Maria Suljic v. Ibrahim Suljic
Minn. Ct. App. 2016
–41 (Minn. 1994), abrogated in part by Bode v. Minn. Dep’t of Nat.
- In re the Marriage of: Jennifer Dawn Nyakundi v. Gilbert Ogamba Nyakundi Minn. Ct. App. 2016
-
In re the Marriage of: Jennifer Dawn Nyakundi v. Gilbert Ogamba Nyakundi
Minn. Ct. App. 2016
superseded by rule on other grounds, as recognized in Fed.
- Alan B. Fish, P. A. v. Scott Janson Minn. Ct. App. 2016
-
Alan B. Fish, P. A. v. Scott Janson
Minn. Ct. App. 2016
5 responds by arguing that “[Janson] failed to allege sufficient credible facts to the trial court to establish an ‘abode’ by clear and convincing evidence,” –26 (Minn. App. 1993), aff’d
- In re the Marriage of: Dontrell Valerie Thornton v. Herbert Thornton, Jr. Minn. Ct. App. 2016
-
In re the Marriage of: Dontrell Valerie Thornton v. Herbert Thornton, Jr.
Minn. Ct. App. 2016
(applying cases interpreting rule 60.02 in analyzing motion to vacate orders and judgment in a paternity case governed by Minn. Stat. § 518.145, subd.
- Lyon Financial Services, Inc., d/b/a U.S. Bancorp Business Equipment Finance Group with its principal offices at Marshall, Minnesota … Minn. Ct. App. 2015
-
Lyon Financial Services, Inc., d/b/a U.S. Bancorp Business Equipment Finance Group with its principal offices at Marshall, Minnesota …
Minn. Ct. App. 2015
Instead, states that the “reasonable time” requirement does not apply to judgments that are void due to a lack of personal jurisdiction.
- In re the Marriage of: Dawn Marie Mondus Loger v. Cory Scott Loger Minn. Ct. App. 2014
-
In re the Marriage of: Dawn Marie Mondus Loger v. Cory Scott Loger
Minn. Ct. App. 2014
See, (applying precedent interpreting rule 60.02(d) in construing functionally identical language in section 518.145, subdivision 2(4)), superseded by rule on other grounds, Minn. R. Civ.
- Douglas Drews v. Federal National Mortgage Association 850 N.W.2d 738 Minn. Ct. App. 2014
-
Douglas Drews v. Federal National Mortgage Association
850 N.W.2d 738
Minn. Ct. App. 2014
[which] may [only] be overcome by the production of clear and convincing evidence.” - 26 (Minn. App. 1993) (citation omitted), aff’d
- 301 Clifton Place L.L.C. v. 301 Clifton Place Condominium Ass'n 783 N.W.2d 551 Minn. Ct. App. 2010
-
301 Clifton Place L.L.C. v. 301 Clifton Place Condominium Ass'n
783 N.W.2d 551
Minn. Ct. App. 2010
An improperly served defendant submits to the district court’s jurisdiction if “the defendant has taken some affirmative step invoking the power of the court *563 or implicitly recognizing its jurisdiction.”
- Juelich v. Yamazaki Mazak Optonics Corp. 670 N.W.2d 11 Minn. Ct. App. 2003
-
Juelich v. Yamazaki Mazak Optonics Corp.
670 N.W.2d 11
Minn. Ct. App. 2003
1 David F. Herr & Roger S. Haydock, Minnesota Practice § 12.17, at 346 (2002) ().
- In Re the Welfare of the Children of S.C. 656 N.W.2d 580 Minn. Ct. App. 2003
-
In Re the Welfare of the Children of S.C.
656 N.W.2d 580
Minn. Ct. App. 2003
a father sought to challenge a default judgment terminating his parental rights eleven years after the final decision.
- Ramsey County v. Suggs 653 N.W.2d 458 Minn. Ct. App. 2002
-
Ramsey County v. Suggs
653 N.W.2d 458
Minn. Ct. App. 2002
(noting, in context of motion to vacate paternity and support orders for voidness, both rule 60.02 and Minn.Stat.
- Marriage of Harding v. Harding 620 N.W.2d 920 Minn. Ct. App. 2001
-
Marriage of Harding v. Harding
620 N.W.2d 920
Minn. Ct. App. 2001
See, (comparing the rule and statute for purposes of determining whether a motion to vacate was timely), modified on other grounds by Federal-Hoffman, review denied (Minn. Aug.
- Bode v. Minnesota Department of Natural Resources 612 N.W.2d 862 Minn. 2000
- Bode v. Minnesota Department of Natural Resources 612 N.W.2d 862 Minn. 2000
- Imperial Premium Finance, Inc. v. GK Cab Co. 603 N.W.2d 853 Minn. Ct. App. 2000
-
Imperial Premium Finance, Inc. v. GK Cab Co.
603 N.W.2d 853
Minn. Ct. App. 2000
-26 (Minn.App.1993), aff'd
- Galbreath v. Coleman 596 N.W.2d 689 Minn. Ct. App. 1999
- Galbreath v. Coleman 596 N.W.2d 689 Minn. Ct. App. 1999
- Patterson v. Wu Family Corp. 594 N.W.2d 540 Minn. Ct. App. 1999
- Patterson v. Wu Family Corp. 594 N.W.2d 540 Minn. Ct. App. 1999
- Bode v. Minnesota Department of Natural Resources 594 N.W.2d 257 Minn. Ct. App. 1999
-
Bode v. Minnesota Department of Natural Resources
594 N.W.2d 257
Minn. Ct. App. 1999
P. 12.08(c); Lange v. Johnson, 295 Minn. 320
- Lundgren v. Green 592 N.W.2d 888 Minn. Ct. App. 1999
-
Lundgren v. Green
592 N.W.2d 888
Minn. Ct. App. 1999
(citations omitted), aff'd
- Marriage of Gorz v. Gorz 552 N.W.2d 566 Minn. Ct. App. 1996
-
Marriage of Gorz v. Gorz
552 N.W.2d 566
Minn. Ct. App. 1996
Jurisdiction of the court obtains “although [defendant is] improperly served, only where the defendant has taken some affirmative step invoking the power of the court or implicitly recognizing its jurisdiction.” (defendant’s single contact with opposing counsel did not constitute recognition of court’s jurisdiction in paternity action).
- Federal-Hoffman, Inc. v. Fackler 549 N.W.2d 93 Minn. Ct. App. 1996
-
Federal-Hoffman, Inc. v. Fackler
549 N.W.2d 93
Minn. Ct. App. 1996
723, 724 (1921) (citations omitted); (“[A] defendant submits to the jurisdiction of the court” by taking “some affirmative step invoking the power of the court or implicitly recognizing its jurisdiction.”); (making counterclaim and third-party complaint results in waiver of persona
- Igo v. Chernin 540 N.W.2d 913 Minn. Ct. App. 1995
- Igo v. Chernin 540 N.W.2d 913 Minn. Ct. App. 1995
- Marriage of Mesenbourg v. Mesenbourg 538 N.W.2d 489 Minn. Ct. App. 1995
- Marriage of Mesenbourg v. Mesenbourg 538 N.W.2d 489 Minn. Ct. App. 1995
- Cochrane v. Tudor Oaks Condominium Project 529 N.W.2d 429 Minn. Ct. App. 1995