a252127
Minn. Ct. App.Jul 27, 2026Background
- Solvay Hospice House evicted Mark R. Hollis after he was no longer Medicare-eligible for hospice care and allegedly failed to meet financial obligations. 1
- Hollis represented himself at the eviction trial after repeated requests for more time to find counsel were denied. 2
- The district court entered eviction judgment for Solvay on August 5, 2025. 3
- Hollis moved to vacate the judgment under section 504B.345, subdivision 3, and sought permission to move for reconsideration. 4
- The district court denied both requests, finding the vacate motion untimely and no compelling circumstances for reconsideration. 5
- On appeal, Solvay sought to strike portions of Hollis's brief and addendum and postjudgment district-court filings. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Hollis's motion to vacate the eviction judgment timely and appealable? 7 | Hollis said section 504B.345 and rule 60.02 made the motion timely. | Solvay argued the motion was an improper, time-barred attack on the judgment. | Timely, but it could not be used to correct judicial error; denial affirmed. 8 |
| Could Hollis use rule 60.02 to challenge alleged trial and legal errors? 9 | Hollis claimed the court erred on accommodation, trial rulings, and findings. | Solvay said those claims were judicial-error arguments, not rule 60.02 grounds. | No; rule 60.02 does not permit relief for judicial error. 10 |
| Was Hollis's request for permission to move for reconsideration properly denied? 11 | Hollis claimed compelling circumstances justified reconsideration. | Solvay argued the denial was unappealable and Hollis violated rule 115.11. | The denial was not properly appealable and, alternatively, was not an abuse of discretion. 12 |
| Should Solvay's motion to strike parts of Hollis's filings be granted? 13 | Hollis argued the challenged materials were part of the record or relevant on appeal. | Solvay argued the materials were outside the scope of review and outside the record. | No; Solvay failed to show a basis to strike them. 14 |
Key Cases Cited
- In re Welfare of Child of M.L.A., 730 N.W.2d 54 (Minn. App. 2007) (motion to vacate review is generally for abuse of discretion 15)
- In re Est. of Figliuzzi, 979 N.W.2d 225 (Minn. 2022) (statutes and procedural rules are reviewed de novo 16)
- Dominium Mgmt. Servs. LLC v. Lee, 924 N.W.2d 925 (Minn. App. 2019) (eviction proceedings are summary in nature and the proper appeal is from the final judgment 17)
- Tonkaway Ltd. P'ship v. McLain, 433 N.W.2d 443 (Minn. App. 1988) (in unlawful-detainer actions, the exclusive mode of appeal is from the judgment 18)
- Carter v. Anderson, 554 N.W.2d 110 (Minn. App. 1996) (rule 60.02 balances finality with limited relief and does not correct judicial error 19)
- Anderson v. Anderson, 179 N.W.2d 718 (Minn. 1970) (rule 60.02 relief is unavailable to correct judicial error 20)
- Williams v. Nat'l Football League, 794 N.W.2d 391 (Minn. App. 2011) (appellate courts may affirm on any ground supported by the record 21)
- Baker v. Amtrak Nat'l R.R. Passenger Corp., 588 N.W.2d 749 (Minn. App. 1999) (denial of a reconsideration request is not independently appealable 22)
- State v. Allwine, 963 N.W.2d 178 (Minn. 2021) (denial of reconsideration requests is reviewed for abuse of discretion 23)
- Thiele v. Stich, 425 N.W.2d 580 (Minn. 1988) (appellate courts may not base decisions on matters outside the record 24)
