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KIPP v. SWENO

No. C3-01-55.

629 N.W.2d 468 (2001)

John L. KIPP, et al., Appellants, v. Thomas SWENO, Respondent.

Court of Appeals of Minnesota.

Review Denied August 22, 2001.

Attorney(s) appearing for the Case

Paul L. Ratelle, Daniel J. McGarry, Fabyanske, Westra & Hart, P.A., Minneapolis, MN, (for appellant).

David C. Anastasi, Christopher Ferreira, Anastasi & Associates, P.A., Stillwater, MN, (for respondent).

Considered and decided by RANDALL, Presiding Judge, TOUSSAINT, Chief Judge, and G. BARRY ANDERSON, Judge.

OPINION

RANDALL, Judge

In postjudgment proceedings, appellants sought to enforce a judgment obtained against respondent by levying on property owned by respondent and his wife. Respondent claimed the homestead exemption precluded a forced sale of the subject property. The district court agreed. On appeal, appellants allege the district court erred in (a) not ordering that portion of respondent's property exceeding the value of the homestead exemption to...

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