This opinion will be unpublished and

may not be cited except as provided by

Minn. Stat. § 480A.08, subd. 3 (1996).

STATE OF MINNESOTA

IN COURT OF APPEALS

CX-97-77

World Animal Studios, Inc.,

Appellant,

vs.

Leonard Bohn, d/b/a Bohn's Ark,

Respondent.

Filed September 2, 1997

Affirmed

Toussaint, Chief Judge

Pine County District Court

File No. C496744

Daniel R. Bina, Bina, Hass, Saenger, Holm & Martin, 515 East Third Avenue, Pine City, MN 55063 (for appellant)

Jon R. Hawks, Jon R. Hawks, Ltd., 7301 Ohms Lane, Suite 535, Edina, MN 55439-2340 (for respondent)

Considered and decided by Toussaint, Chief Judge, Randall, Judge, and Kalitowski, Judge.

U N P U B L I S H E D O P I N I O N

TOUSSAINT, Chief Judge

World Animal Studios, Inc. appeals from a judgment awarding respondent Leonard Bohn, d/b/a Bohn's Ark, $26,240 in boarding fees for seized exotic animals, arguing (1) the trial court erred by not requiring Bohn to produce documents in response to a subpoena duces tecum and (2) that the evidence does not support the judgment. Because the evidence was sufficient to support the trial court's finding that the $20 per day boarding rate per animal was reasonable, we affirm.

D E C I S I O N

I.

World Animal Studios argues the evidence does not support the trial court's finding that the $20 per animal per day boarding charge was reasonable. A trial court's findings of fact will not be set aside unless clearly erroneous and due deference will be given to the trial court's judgment of witnesses' credibility. Minn. R. Civ. P. 52.01.

The record shows Bohn had been in the business of boarding exotic animals for 30 years. Bohn testified that the typical price range for boarding exotic animals was between $50 and $60 per animal per day. Bohn testified that the $20 per animal per day amount was mutually agreed on by Bohn and Officer Douglas Spindler, the police officer who arranged for the storage of the animals at Bohn's facility. Spindler testified he previously arranged boarding for exotic animals and that the Minnesota Zoo charged $65 per animal per day, Como Zoo $60, and the Duluth Zoo $40 or $48. Because there is evidence in the record to support the trial court's finding that $20 per day was reasonable, the trial court's finding is not clearly erroneous.

II.

World Animal Studios argues the trial court erred by not compelling Bohn to produce documents in response to a subpoena duces tecum for the hearing pursuant to Minn. R. Civ. P. 45.02. Particularly, World Animal Studios argues Bohn failed to produce receipts for animal feed and other supporting documents. There is little Minnesota law on this issue. A subpoena duces tecum must be complied with in the absence of reasonable excuse. The question of reasonableness is for the trial court. Id. Nashban Barrier & Container Co. v. G.G. Parsons Trucking Co., 182 N.W.2d 448, 458 (Wis. 1971). The trial court's decision on reasonableness will only be reversed for abuse of discretion. Id. at 459.

World Animal Studios asked Bohn if it brought any "receipts for the food that were purchased for these animals?" Bohn responded:

Right. [] none under what you requested. You requested feed purchased for World Animal Studios. I had nothing under that. Everything [] purchased was [for] Bohn's Ark.

The trial court indicated: "I've heard [Bohn's] testimony that the records subpoenaed don't exist, and I think that answers it."

We conclude the trial court did not abuse its discretion by determining that Bohn had a reasonable excuse for failing to provide any receipts. In addition, World Animal Studios has made no showing that Bohn had other records it should have produced pursuant to the subpoena. The trial court did not abuse its discretion in concluding Bohn complied with the subpoena.

III.

World Animal Studios argues it was denied due process when the trial court allowed only 19 days to prepare for the hearing. We disagree. World Animal Studios neither objected to the hearing date nor sought a continuance. World Animal Studios was not prejudiced by the trial court's scheduling of the hearing.

Affirmed.