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SIMONS v. SHILTZ

No. A06-1999.

741 N.W.2d 907 (2007)

Ann Marie SIMONS, f/k/a Ann Marie Shiltz, Respondent, v. Bryan Lee SHILTZ, et al., Defendants, Sterling State Bank, Appellant.

Court of Appeals of Minnesota.

December 4, 2007.

Attorney(s) appearing for the Case

Mark W. Vyvyan, Sten-Erik Hoidal, Fredrickson & Byron, P.A., Minneapolis, MN, for respondent.

Eric D. Cook, Christina M. Weber, Wilford & Geske, P.A., Woodbury, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; KALITOWSKI, Judge; and CRIPPEN, Judge.

OPINION

ROSS, Judge.

Appellant Sterling State Bank and respondent Ann Marie Simons dispute the respective priorities of Simons's asserted lien on real property that was allegedly established by court order as considered against the bank's later mortgage on the property. The district court granted Simons's motion for summary judgment, applying language in Oldewurtel v. Redding, 421 N.W.2d 722 (Minn.1988), to hold...

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