We granted the petition of Richard C. Siebert, M.D. for further review of a court of appeals' decision reversing the trial court’s denial of Mabel Nelson’s motion to vacate a dismissal entered pursuant to Rule 4.03 of the Fourth Judicial District, the blanket dismissal rule.
Nelson v. Siebert,
In October 1983, Nelson commenced a medical malpractice action against Siebert. Although Nelson’s attorney neglected to file the initial pleadings, Siebert’s answer, which was served on October 20, was filed with the Hennepin County District Court. The case was assigned a file number and that number was used on subsequent interrogatories. The parties engaged in limited negotiations after the exchange of interrogatories but otherwise, no file activity occurred.
On July 10, 1986, Nelson’s attorney discovered the original summons and complaint in his file. When he attempted to file the pleadings with the court, he was informed that the case had been dismissed with prejudice because neither party had
Nelson’s September 1986 motion to vacate was denied by the trial court and the court of appeals reversed. The appellate court concluded that the trial court should have vacated the order because Nelson “has a reasonable claim on the merits, her neglect was not inexcusable, she acted with due diligence, and vacation will not substantially prejudice the respondent.”
Nelson,
In
Charson,
we stated that in ruling on a motion to vacate a final order of dismissal under Rule 4.03, a trial court should analyze the motion in accordance with Minn.R. Civ.P. 60.02.
Charson,
Rule 60.02 does provide relief from a default judgment when the claim is based on “[mjistake, inadvertence * * * or excusable neglect.” Rule 60.02;
Charson,
In
Charson,
we reaffirmed this court’s analysis of motions seeking relief from default orders and judgments under the four-pronged test enunciated more than 20 years earlier in
Finden v. Klaas,
A defendant should be relieved from an attorney’s neglect when that party “(a) is possessed of a reasonable defense on the merits, (b) has a reasonable excuse for his failure or neglect to answer, (c) has acted with due diligence after notice of the entry of judgment, (d) [shows] that no substantial prejudice will result to the other party.”
Finden
We agree that the record here demonstrates that counsel acted with due diligence after discovering that a dismissal had occurred and that plaintiff has a reasonable claim on the merits. However, the court of appeals’ application of the “not inexcusable” test by which to examine counsel's neglect has the effect of requiring a lesser showing than intended by our analysis in either
Finden
Additionally, it is necessary to comment that the court of appeals appears to have placed the burden on the prevailing party to provide a factual basis for an assertion of prejudice: “Siebert does not indicate the factual basis for his assertion of general prejudice nor argue prejudice specific to himself.”
Nelson,
We therefore conclude that Nelson has satisfied her burden of demonstrating the existence of the four elements of the Fin-den analysis. As a result, the trial court abused its discretion in denying the motion to vacate the dismissal.
AFFIRMED.
