Opinion
No. 39,305.
March 20, 1964.
Appeal and error — appeal from judgment — when timely.
Action in the Meeker County District Court for personal injuries allegedly sustained by plaintiff as a passenger in an automobile driven by defendant. The court, E. R. Selnes, Judge, granted defendant's motion for summary judgment, and plaintiff appealed from the judgment entered. Upon motion of defendant, appeal dismissed.
Patrick J. Casey, for appellant.
Quinlivan, Quinlivan Williams, for respondent.
Defendant moved to dismiss plaintiff's appeal on the grounds that if the appeal is from the order of October 15, 1963, granting summary judgment, it is nonappealable, and if it is from the judgment, it is premature. It appears from the notice of appeal that the appeal is from the judgment and that it was premature, the notice having been served on October 30, 1963, whereas the judgment was not entered until November 18, 1963. An appeal from a judgment may be taken within 90 days after the entry thereof. Minn. St. 605.08, subd. 1 (L. 1963, c. 806, § 7).
Appeal dismissed.