BURKSTRAND v. BURKSTRAND

No. C0-00-813.

632 N.W.2d 206 (2001)

Linda Rae BURKSTRAND, Petitioner, Appellant, v. Steven Glen BURKSTRAND, Respondent.

Supreme Court of Minnesota.

August 30, 2001.


Attorney(s) appearing for the Case

Brian L. Sobol, A. Larry Katz, Katz & Manka, Ltd., Minneapolis, for appellant.

John G. Westrick, Marcia McDowall-Nix, Westrick & McDowall-Nix P.L.L.P., St. Paul, for respondent.

Bruce A. Beneke, Janet C. Werness, St. Paul, for amicus curiae.

Heard, considered, and decided by the court en banc.


OPINION

BLATZ, Chief Justice.

This case presents the question of whether the expiration of the hearing time frames prescribed by the Domestic Abuse Act, specifically Minn.Stat. § 518B.01, subdivision 7(c) (2000), divests the district court of subject matter jurisdiction to hold a hearing on a petition for an order for protection. The court of appeals determined that the district court erred, as a matter of law, in issuing an order for protection for...

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