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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 645

Citation
§ 645
Parent Document
Mary Cocchiarella v. Donald Driggs, 884 N.W.2d 621 (2016)
Jurisdiction
Minnesota (state)
Effective Date
2016-08-31

Other Sections in This Document (444)

Full Text

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       A similar threat arose here. Although Cocchiarella knew that Driggs still physically
occupied the allegedly leased dwelling, Cocchiarella’s counsel proposed, at the ex parte
hearing on the lockout petition, that the referee “enter an order directing . . . that Driggs
must vacate the property.” Had the referee agreed and issued such an order, Driggs would
have been summarily evicted from his own dwelling, based on a disputed oral lease
agreement, with no opportunity to respond before the order was issued, despite his position
that no lease agreement was made and the lack of actual occupancy by Cocchiarella. D-11