05-09-2007 Additions - Laserfiche WebLink

Home Browse Search

As to number 6 of the prayer for relief, any request for costs, disbursements and attorneys' fees should properly be made by a notice of taxation of costs pursuant to the rules. As to number 7 of the prayer for relief, this Court has granted all relief deemed just and equitable. Dayspring has received all of the requested relief it is entitled to under their prayer for relief in Dayspring's First Amended Complaint. There are no live controversies in this matter. For all of the reasons stated above, this Court finds dismissal of Plaintiff, Dayspring's claims appropriate. Even if it were determined that Plaintiff had any live claims left, this Court finds that dismissal would be appropriate under Minnesota Rule of Civil Procedure 41.02. The final plat was approved on September 28, 2005, and as a result, no trial was held. Following cancellation of the trial, Dayspring gave no indication that they believed there were unresolved issues and made no attempt to further prosecute this matter until after they received Little Canada's Motion to Dismiss in December of 2006. For over a year Dayspring acted in such a manner that gave both Little Canada, and the court, the impression that this was no longer a live controversy. Given the circumstances in this case, it would be unjust to allow Dayspring to reopen this matter at this time. This Court finds that dismissal of Dayspring's claim is appropriate under Minnesota Rule of Civil Procedure 41.02, titled, Involuntary Dismissal; Effect Thereof, which states: (a) The court may upon its own initiative, or upon motion of a party, and upon such notice as it may prescribe, dismiss an action or claim for failure to prosecute or to comply with these rules or any order of the court. 8