Nelson v. B. & B. Investment Co.
| Decision Date | 04 January 1963 |
| Docket Number | No. 38749,38749 |
| Citation | 264 Minn. 393,119 N.W.2d 713 |
| Court | Minnesota Supreme Court |
| Parties | Earl J. NELSON et al., Plaintiffs-Appellants, v. B. & B. INVESTMENT CO., Inc., et al., Defendants-Respondents. |
Syllabus by the Court
An order granting motion for summary judgment is an intermediate order and is not appealable under Minn.St. 605.09.
James B. Lund, Minneapolis, for plaintiffs-appellants.
Richard Siegel, Robins, Davis & Lyons and Robert J. Tweedy, Minneapolis, for defendants-respondents.
Plaintiffs appeal from an order of the District Court of Hennepin County granting defendants' motion for summary judgment under Rule 56, Rules of Civil Procedure. Defendants move to dismiss the appeal.
Rule 56.03 of Rules of Civil Procedure provides in part as follows:
'* * * Judgment shall be rendered forthwith if the pleadings, depositions, * * * and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.'
The appeal in the instant case was taken on April 19, 1962, from the order of March 28, 1962, granting the summary judgment.
The clerk's file in Hennepin County District Court indicates that the judgment roll was filed and judgment docketed on April 24, 1962. Service of notice of taxation of costs was admitted by plaintiffs' attorney on April 13, 1962, prior to the entry of judgment.
Where, as here, summary judgment is granted on all issues the aggrieved party may, upon entry of judgment, proceed with his appeal from the judgment.
We have held that this court's jurisdiction as to appeals is limited to those instances set forth in Minn.St. 605.09. We have also held that an order granting summary judgment is an intermediate order which requires a subsequent judgment to give it effect and is not appealable. Shema v. Thorpe Bros., 238 Minn. 470, 57 N.W.2d 157.
We have further held that on an appeal from a judgment 'any intermediate order involving the merits or necessarily affecting the judgment appealed from' may be reviewed. § 605.09(1); Shema v. Thorpe Bros. supra.
No appeal having been taken from the judgment entered April 24, 1962, this court is without jurisdiction to proceed further in the matter and the motion and application for permission that the appeal be heard from the judgment entered must be denied and the appeal dismissed. See, General Elec. Co. v. Anchor Cas. Co., 251 Minn. 305, 87...
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Johnson & Peterson, Inc. v. Toohey
...supreme court. Appellant has failed to perfect appeals from orders which were appealable. This court held in Nelson v. B & B Investment Co. Inc., 264 Minn. 393, 119 N.W.2d 713, that an order granting a motion for summary judgment is an intermediate order and not appealable under Minn.St. 60......
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LeRoy v. Figure Skating Club of Minneapolis
...An order granting summary judgment is not appealable since it looks to the entry of judgment to effectuate it. Nelson v. B & B Investment Co., Inc., 264 Minn. 393, 119 N.W.2d 713. An appeal from such disposition must be taken from the judgment itself under Rule 103.03(a). Shema v. Thorpe Br......
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Gebeke v. Arthur Mercantile Co.
...statute, has held that such an order is not appealable. See Shema v. Thorpe Bros., 238 Minn. 470, 57 N.W.2d 157; Nelson v. B. & B. Investment Co., 264 Minn. 393, 119 N.W.2d 713. We hold that an order for entry of summary judgment must be treated the same as an order for judgment. It is ther......