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Weinzierl v. Lien

Supreme Court of Minnesota
Jul 6, 1973
296 Minn. 539 (Minn. 1973)

Summary

holding an order is not appealable until it finally determines the action or some positive legal right

Summary of this case from KAUPPI v. GISH

Opinion

No. 43209.

July 6, 1973.

Appeal and error — nonappealable order — dismissal of appeal.

Action in the Carver County District Court wherein plaintiff sought to recover possession of certain real estate and damages from defendants, Donald W. Lien and Lois R. Lien. After findings for plaintiff, Arlo E. Haering, Judge, defendants appealed from a later order reinstating said findings after they had been set aside. Appeal dismissed.

Robert H. Simons, for appellants.

Robert A. Nicklaus and Dwight J. Leatham, for respondent.

Heard before Knutson, C. J., and Peterson, Murphy, and Schultz, JJ.


Appeal from an order of the district court reinstating the court's findings of fact, conclusions of law, and order for judgment in an action involving a boundary line dispute.

Since the appeal is fatally defective, we dismiss. Rule 103, Rules of Civil Appellate Procedure, sets out those orders from which an appeal of right may be taken. In construing this rule and its antecedent, Minn. St. 605.09, this court has consistently held that an order is not appealable unless in effect it finally determines the action or finally determines some positive legal right of the appellant relating to the action. Johnson v. Giese, 230 Minn. 185, 40 N.W.2d 909 (1950); Shema v. Thorpe Bros. 238 Minn. 470, 57 N.W.2d 157 (1953); Kempf v. Kempf, 287 Minn. 529, 177 N.W.2d 40 (1970). We can perceive of no basis on which an order reinstating findings of fact, conclusions of law, and order for judgment can be given different effect than one denying a motion to amend such an order.

It may be added that we have carefully examined the record and conclude that the exercise of discretionary review under Rule 105 is not warranted since the record amply sustains the trial court's determination.

Appeal dismissed.

MR. JUSTICE YETKA and MR. JUSTICE SCOTT, not having been members of this court at the time of the argument and submission, took no part in the consideration or decision of this case.


Summaries of

Weinzierl v. Lien

Supreme Court of Minnesota
Jul 6, 1973
296 Minn. 539 (Minn. 1973)

holding an order is not appealable until it finally determines the action or some positive legal right

Summary of this case from KAUPPI v. GISH

refusing review when record "amply sustains" the district court's position

Summary of this case from Gordon v. Microsoft Corp.

In Weinzierl v. Lien, 296 Minn. 539, 209 N.W.2d 424 (1973), the court held that an order is not appealable unless in effect it finally determines the action or finally determines some positive legal right of the appellant to the action.

Summary of this case from Matter of Welfare of K. P. H

stating generally, only final decisions are appealable

Summary of this case from In Matter of Firestone v. Berger

stating that generally, only a decision that finally determines the rights of the parties and concludes the action is appealable

Summary of this case from Carlson v. Blue Earth County Board, Comm

In Weinzierl v. Lien, 296 Minn. 539, 209 N.W.2d 424 (1973), the supreme court held that an order is not appealable unless it, in effect, finally determines the action or finally determines some positive legal right of the appellant relating to the action.

Summary of this case from Parson v. Argue
Case details for

Weinzierl v. Lien

Case Details

Full title:RAY G. WEINZIERL v. DONALD W. LIEN AND ANOTHER

Court:Supreme Court of Minnesota

Date published: Jul 6, 1973

Citations

296 Minn. 539 (Minn. 1973)
209 N.W.2d 424

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5. In Weinzierl v. Lien, 296 Minn. 539, 209 N.W.2d 424 (1973), the supreme court held that an order is not…