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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (2008)

Citation
Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (2008)
Parent Document
Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (2008)
Jurisdiction
Minnesota (state)
Effective Date
2008-07-22

Other Sections in This Document (54)

Full Text

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We recognize that existing caselaw provides very little guidance to the district court on exercising its discretion to stay or expand the scope of an eviction proceeding when other litigation is pending that would resolve the issue of possession. But we conclude that, on this record, once the district court determined that some of BTI’s claims against Bjorklund in the first-filed Wright County action were essential to BTI’s defense of the eviction action, the district court abused its discretion by failing to grant BTI’s motion to stay the eviction proceedings pending resolution of all of BTI’s claims against Bjorklund in the first-filed action. We further conclude that the abuse of discretion constituted reversible error in this case because the district court limited the nature and types of claims it allowed BTI to assert in the eviction action and failed to submit BTI’s claims to the jury. This decision forced BTI to present its claims piecemeal and subjected BTI to the possibility of being collaterally estopped from litigating its claims against Bjorklund to a single jury in a single action. We therefore reverse the eviction verdict and remand with instructions to the district court to stay the eviction action until BTI’s claims against *320