Peter J. Hengel v. Mary J. Hyatt, 312 Minn. 317

Summary

In her motion, the tenant argued that service of process was ineffective. The tenant alleged that service occurred at her father's residence, and that she maintained her own residence elsewhere. Although the tenant conceded that she eventually received the papers from her parents, she claimed that the absence of personal service was a sufficient ground to set aside the default. The court agreed, ruling that the district court did not abuse its discretion. Noting that Minn. R. Civ. P. 4.03 required service of process at an individual's usual place of abode, the court found that the tenant's allegations created a fact issue regarding the sufficiency of service, and provided a basis for the vacation. The court also ruled that the tenant was entitled to the vacation under Minn. R. Civ. P. 60.02(1) because she set forth the meritorious defense of constructive eviction, and offered the late service as an excuse for the delay in answering. Finally, the court rejected the landlord's argument ...