§ 566.07

Federal Land Bank of Saint Paul v. Obermoller · 1988 1 citation

The Obermollers were entitled to demand a jury trial under the unlawful detainer statute. See Minn. Stat. § 566.07 (1986). However, after reviewing the record we cannot conclude the district court erred by determining the issues in the unlawful detainer action by summary judgment because we can discern no prejudice to the Obermollers resulting from the summary proceedings. The Bank did not comply with the twenty-day provision in Rule 56.01 because it served its summary judgment motion at the same time it served its summons and complaint in the unlawful detainer action. However, since the Bank’s summary judgment motion, notice of motion, and supporting memoranda were served on January 22,1988 and the hearing on the summary judgment motion was not held until February 9, the Bank technically complied with the ten-day notice requirement of Rule 56.03. The record indicates the Obermollers received sufficient notice and were afforded adequate opportunity to argue against the summary judgment and raise issues of material fact for the court’s consideration. See Wikert v. Northern Sand and Gravel, Inc., 402 N.W.2d 178, 182 (Minn.Ct.App.1987), pet. for rev. denied (Minn. May 18, 1987) (the respondent’s failure to comply with the ten-day notice requirement of Rule 56.03 did not prejudice the appellant who was given “ample opportunity to argue and attempt to raise genuine issues of fact for the trial court to *256 consider”). The court conducted a preliminary hearing on the unlawful detainer action on February 5. The Obermollers served their formal answer to the complaint and requested leave to file amended answers at that hearing and the court and the Obermollers' attorney discussed possible fact issues existing for trial. Although the Obermollers objected to the summary judgment proceeding as being improper and previously requested a jury trial, the record indicates they were prepared to argue their case at the hearing on the summary judgment motion which was held the day before the date set for trial. Both parties submitted affidavits and other documents and argued their respective positions at the summary judgment hearing. Although the district court suggested the parties could move for a continuance, neither the Obermollers nor the Bank would consent to an extension of the trial date. Under these circumstances, we do not believe the Obermollers were prejudiced and conclude the district court could address the parties’ claims in the unlawful detainer action by summary judgment. Cf. University Community Properties, Inc. v. Norton, 311 Minn. 18, 246 N.W.2d 858 (1976) (the parties’ claims in unlawful detainer actions were decided by summary judgment).

Soukup v. Molitor · 1987 2 citations

Appellant contends he was entitled to a jury trial under Minn. Stat. § 566.07 (1986). The statute provides that in an unlawful detainer action:

Appellant contends he was entitled to a jury trial under Minn. Stat. § 566.07 (1986). The statute provides that in an unlawful detainer action:

Lanzo v. F & D MOTOR WORKS · 1986 3 citations

+ 3 more citations in this opinion.