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Carter v. Cole

Supreme Court of Minnesota
Oct 25, 1995
539 N.W.2d 241 (Minn. 1995)

Summary

holding that the denial of summary judgment in an immunity case is not appealable when the denial is based on the existence of a fact question

Summary of this case from CHANEY v. METROPOLITAN COUN

Opinion

No. C0-94-1580.

October 25, 1995.


Heard, considered and decided by the court en banc.

ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that, in light of the reasoning of Johnson v. Jones, ___ U.S. ___, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995), the decision of the court of appeals is affirmed.

We do not here consider or determine the appealability of an order denying summary judgment where the genuine issues of material fact identified by the trial court are related to the issue of immunity, and not to the merits of the claim. See Baker v. Chaplin, 517 N.W.2d 911, 916 (Minn. 1994).


Summaries of

Carter v. Cole

Supreme Court of Minnesota
Oct 25, 1995
539 N.W.2d 241 (Minn. 1995)

holding that the denial of summary judgment in an immunity case is not appealable when the denial is based on the existence of a fact question

Summary of this case from CHANEY v. METROPOLITAN COUN

adopting federal reasoning for separating appeals challenging evidence sufficiency, a fact-based question, from appeals of immunity denials, a legal question

Summary of this case from Gleason v. Metropolitan Council Transit Operations
Case details for

Carter v. Cole

Case Details

Full title:Thaurtha CARTER, Respondent, v. Robin COLE, et al., Petitioners, Appellants

Court:Supreme Court of Minnesota

Date published: Oct 25, 1995

Citations

539 N.W.2d 241 (Minn. 1995)

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