Dahlin v. Kroening
2011 Minn. LEXIS 188
Minn.2011Background
- In 1988, Linda Dahlin obtained a $7,000 judgment for unpaid spousal maintenance against Randall Kroening.
- In 1998, the 1988 judgment was extended for an additional ten years under Minn.Stat. § 541.04.
- In 2008, Dahlin sought renewal of the 1998 judgment for another ten years; the district court denied the request as a single renewal rule.
- The court of appeals reversed, holding that a judgment creditor may renew via civil action within ten years of a prior judgment, including judgments already renewed.
- Kroening appealed, arguing that § 541.04 permits only one renewal; the issue centers on whether multiple renewals are allowed.
- The court held that § 541.04 does not limit an action on a judgment to a single renewal and affirmed the court of appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 541.04 allows more than one renewal of a judgment | Dahlin argues the statute permits multiple renewals by action on a judgment. | Kroening argues the statute contemplates only one renewal of a judgment. | § 541.04 does not limit to one renewal. |
Key Cases Cited
- Sandwich Mfg. Co. v. Earl, 56 Minn. 390, 57 N.W. 938 (Minn. 1894) (acknowledges that a judgment constitutes a cause of action that may proceed to trial and judgment beyond the initial ten-year period)
- Shamrock Dev., Inc. v. Smith, 754 N.W.2d 377 (Minn. 2008) (discusses renewal and limitations context for judgments)
- In re Stadsvold, 754 N.W.2d 323 (Minn. 2008) (distinctions in language in the same context presumed intentional; applies narrow interpretation)
- Whitener ex rel. Miller v. Dahl, 625 N.W.2d 827 (Minn. 2001) (analyzes applicable limitations period versus policy)
- Koes v. Advanced Design, Inc., 636 N.W.2d 352 (Minn. App. 2001) (public policy considerations in limitations context)
- Dahlin v. Kroening, 784 N.W.2d 406 (Minn. App. 2010) (precedent in the same case evaluating renewal scope)