A08-1324, Southcross Commerce Center, LLP, Appellant, vs. Tupy Properties, LLC, Defendant, RHS Realty, LLC, Respondent.

State: Minnesota

Docket No: A08-1324

Case Date: 06/30/2009

Preview:STATE OF MINNESOTA IN COURT OF APPEALS A08-1324 Southcross Commerce Center, LLP, Appellant, vs. Tupy Properties, LLC, Defendant, RHS Realty, LLC, Respondent. Filed June 16, 2009 Reversed and remanded Hudson, Judge Dakota County District Court File No. 19-C9-07-009798 Robert J. Bruno, Robert J. Bruno, Ltd., 1601 East Highway 13, Suite 107, Burnsville, Minnesota 55337 (for appellant) Wayne E. Gilbert, 1895 Plaza Drive, Suite 250, Eagan, Minnesota 55122 (for respondent) Considered and decided by Chief Judge Toussaint, presiding; Hudson, Judge; and Harten, Judge. SYLLABUS When a nonmoving party to a summary-judgment motion presents undisputed evidence that conclusively establishes a rebuttable presumption in its favor, the moving party is precluded from obtaining summary judgment.

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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