Opinion
No. 42103.
June 12, 1970.
Appeal and error — nonappealable order — order dismissing complaint without prejudice.
Action in the Hennepin County District Court wherein plaintiff sought to establish her interest in certain property owned by defendant. The court, Irving C. Iverson, Judge, dismissed the action without prejudice, and plaintiff appealed from said order. Appeal dismissed.
Thomas F. Burns Associates and Francis E. Muelken, for appellant.
Karlins, Grossman, Karlins, Siegel Brill, Sheldon D. Karlins, and Robert L. Lowe, for respondent.
Heard before Knutson, C. J., and Rogosheske, Sheran, Peterson, and James F. Murphy, JJ.
Appeal from an order of the district court dismissing a complaint without prejudice. The order is not appealable. Fischer v. Perisian, 251 Minn. 166, 86 N.W.2d 737. We have examined the record and find no basis for according discretionary review. A judgment of the district court was entered December 9, 1963, resolving the claims underlying the dismissed complaint. This judgment is not subject to collateral attack. Campbell v. Glenwood Hills Hospitals, Inc. 273 Minn. 525, 142 N.W.2d 255. While such a judgment can be attacked directly, plaintiff has failed to demonstrate that her right to this relief, if any, has been prejudiced by the order of dismissal.
Minn. St. 548.14. See, also, In re Trusteeship under Will of Melgaard, 200 Minn. 493, 274 N.W. 641.
Appeal dismissed.