Minn. R. Civ. The issues of collusion and fraud were not raised at the trial court level. Counsel replied in the negative. The firm now argues that the motion hearing taken as a whole reflects the fact that the issues of fraud and collusion were presented and considered. Further, they argue that they were not concerned that the court had orchestrated a collusive agreement, but that the parties had done so.
Courts are rightfully suspicious of vague or unspecific fraud claims.
The firm's submission to this court of matters not presented to the trial court is improper, and we decline to discuss the issues of fraud or collusion. We hold that the firm's failure to file notice with the secretary of state is not fatal.