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DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, JULY 21, 2014

 

 

A13-1135       Douglas Drews, Appellant, vs. Federal National Mortgage Association,
                      Respondent.
          
           Scott County District Court, Hon. Michael A. Fahey.
           Minn. Stat. § 580.03 (2012) requires a notice of foreclosure sale to be served in like manner as a summons in a civil action.  Service cannot be avoided by physically refusing to accept the papers.  When a party produces evidence of proper service, the burden shifts to the party challenging service to show by clear and convincing evidence that service was improper.  Shifting the burden of production is not inconsistent with the strict-compliance standard applicable to Minn. Stat. § 580.03.
           Affirmed.  Judge Jill Flaskamp Halbrooks.


A13-1919
       Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R.
                      Pfeiffer, Appellant, vs. Allina Health System, d/b/a Allina Hospitals & Clinics
                      Behavioral Health Services, and d/b/a United Hospital, Respondent, Paul A.
                      Ekberg, D. O., P. A., 
et al., Defendants.
                      Ramsey County District Court, Hon. John B. Van de North, Jr.
           A curative expert affidavit filed by a medical-malpractice plaintiff under the safe-harbor provision of Minnesota Statute § 145.682, subd. 6(c) (2012) is not subject to the filing deadlines detailed in general rule of practice 115.03.
           Reversed and remanded.  Judge Doris Ohlsen Huspeni.*



* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.  

 

 
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