01-2864 Ptacek, et al. v. Minnesota Fire and Casualty Company, et al.

By: dmc-admin//April 15, 2002//

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Brook Ptacek appeals an order dismissing her personal injury claim against Minnesota Fire and Casualty Company, Jeremy Fleming, Charles Hill, Matthew Marek and Matthew Wolf for failure to prosecute. Ptacek argues that: (1) the circuit court erroneously exercised its discretion by failing to determine whether Ptacek’s conduct was egregious; and (2) she was denied due process because she had no prior notice regarding what would constitute failure to prosecute and what penalties for that conduct would be. We conclude that the court implicitly found that Ptacek’s conduct was egregious. We further conclude that Ptacek waived her due process argument.

Therefore, we affirm the order.

This opinion will not be published.

Dist III, Pierce County, Wing, J., Per Curiam

Attorneys:

For Appellant: Harvey N. Jones, Hastings, MN; Catherine Ruth Munkittrick, River Falls

For Respondent: Shawn M. Raiter, St. Paul, MN; Thomas D. McCormick, Hudson

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