Boulevard Del, Inc., Appellant, v. Marvin Stillman, Defendant & Third Party Plaintiff, Respondent, Arthur Mack, et al., Third Party Defendants, 343 N.W.2d 50

In sole opposition to the corporation's summary judgment motion was the affidavit of the individual's attorney. Shortly after entry of summary judgment for the corporation, the individual fully paid the judgment; satisfaction of it was filed; the judgment was discharged. The individual later sought to vacate judgment under Minn. R. Civ. P. 60.02(1) on grounds of excusable attorney neglect, claiming that he had not previously had first hand knowledge, as required by Minn. R. Civ. P. 56.05, of specific facts constituting defenses to the guarantee agreement. The court held that the trial court lacked subject matter jurisdiction because a judgment that was paid and satisfied of record ceased to have any existence, leaving nothing to vacate. The court further ruled that summary judgment had been properly entered because the individual knew who had personal knowledge of facts that could support triable issues of fact but made no effort to obtain depositions or affidavits. The judgment thus ...