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DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, MARCH 3, 2014
A13-1053 George Thomas Zirnhelt, Respondent, vs. Kelly Nicole Carter, Appellant.
Dakota County District Court, Hon. Patrice K. Sutherland.
1. A complaint filed in district court pursuant to Minn. R. Gen. Pract. 522 relates back to the date the corresponding statement of claim was filed in conciliation court pursuant to Minn. R. Gen. Pract. 505.
2. When a conciliation court claim is removed to district court for trial de novo pursuant to Minn. R. Gen. Pract. 521, the district court is not limited by the jurisdictional amount of conciliation court in awarding damages.
Affirmed. Judge Natalie E. Hudson.
A13-1111 Susan Volkman, Respondent, vs. Hanover Investments, Inc., a Maryland
Washington County District Court, Hon. Judge Elizabeth H. Martin.
The contacts of a foreign corporation with Minnesota are sufficient to subject the corporation to specific personal jurisdiction in the courts of Minnesota when the corporation enters into a shareholder agreement with a Minnesota resident that conditions the Minnesota resident's shareholder status on her continued employment in Minnesota.
Affirmed. Judge Heidi S. Schellhas.
A13-0718 Geneva JPM 2003-PM1, LLC, Appellant, vs. Geneva FSCX I, LLC, et al.,
Defendants, The Geneva Organization, Inc., et al., Respondents.
Hennepin County District Court, Hon. Kerry Meyer.
Absent contractual language indicating otherwise, the amount a creditor may collect on a guaranty depends on the balance of the debt at the time the creditor invokes its rights under the guaranty.
Affirmed. Judge Carol A. Hooten.
A13-1415 In re Guardianship and Conservatorship of Helen Louise Durand,
Hennepin County District Court, Hon. Dean Maus.
Minnesota Statute section 524.2-212, which requires a protected surviving spouse to receive court authorization before filing an elective-share petition, does not violate equal protection rights under the Minnesota Constitution because protected and non-protected spouses are not similarly situated.
Reversed. Judge Roger M. Klaphake.*
*Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, §10.
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