Bobey v. City of Minneapolis

Supreme Court of Minnesota

Bobey v. City of Minneapolis

472 N.W.2d 337, 1991 Minn. LEXIS 179, 1991 WL 142178

CourtSupreme Court of Minnesota

DecidedAugust 2, 1991

DocketC1-90-2194

StatusPublished

Cited by2 cases

This text of 472 N.W.2d 337 (Bobey v. City of Minneapolis) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bobey v. City of Minneapolis, 472 N.W.2d 337, 1991 Minn. LEXIS 179, 1991 WL 142178 (Mich. 1991).

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Opinion

GARDEBRING, Justice.

We granted the petition for further review of plaintiff Alice Bobey, her attorney individually and the law firm for the limited purpose of examining that portion of an unpublished decision of the court of appeals affirming sanctions imposed on counsel pursuant to Minn.R.Civ.P. 11 and Minn. Stat. § 549.21 (1988). We reverse and remand.-

In Uselman v. Uselman, 464 N.W.2d 130 (Minn.1990), we announced the procedural framework in which the question of the propriety of the imposition of sanctions should, in the first instance, be addressed by the trial court and then, if an appeal is taken, be examined by a reviewing court. On the record before us, we are unable to determine whether the trial court conducted the inquiry contemplated by Uselman. Accordingly, we reverse the decision of the court of appeals affirming the imposition of sanctions and remand the matter to the trial court for its reconsideration in light of the Uselman decision.

Reversed and remanded.

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GARDEBRING, Justice.

We granted the petition for further review of plaintiff Alice Bobey, her attorney individually and the law firm for the limited purpose of examining that portion of an unpublished decision of the court of appeals affirming sanctions imposed on counsel pursuant to Minn.R.Civ.P. 11 and Minn. Stat. § 549.21 (1988). We reverse and remand.-

In Uselman v. Uselman, 464 N.W.2d 130 (Minn.1990), we announced the procedural framework in which the question of the propriety of the imposition of sanctions should, in the first instance, be addressed by the trial court and then, if an appeal is taken, be examined by a reviewing court. On the record before us, we are unable to determine whether the trial court conducted the inquiry contemplated by Uselman. Accordingly, we reverse the decision of the court of appeals affirming the imposition of sanctions and remand the matter to the trial court for its reconsideration in light of the Uselman decision.

Reversed and remanded.

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472 N.W.2d 337, 1991 Minn. LEXIS 179, 1991 WL 142178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobey-v-city-of-minneapolis-minn-1991.

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