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Wilson v. Schaub

Supreme Court of Minnesota
Aug 29, 1978
269 N.W.2d 46 (Minn. 1978)

Opinion

No. 48242.

July 14, 1978. Rehearing Denied August 29, 1978.

Appeal from the District Court, Blue Earth County, Miles Zimmerman, J.

James Manahan, Mankato, Marc G. Kurzman, Minneapolis, for appellants.

Rietz, Rietz Rietz, Owatonna, Leslie Morse, Mankato, for respondent.

Heard before YETKA, SCOTT and GODFREY, JJ., and considered and decided by the court en banc.


This appeal grows out of a proceeding in Blue Earth County District Court seeking recovery upon an amended final decree of the Blue Earth County Probate Court. The district court's memorandum order was issued August 29, 1977. Appellant's notice of appeal states that the order is "from the Memorandum Order herein dated August 29, 1977." It is well settled in this jurisdiction that an order for judgment is a nonappealable order. Cucchiarella v. Kolodzieg, 283 Minn. 515, 166 N.W.2d 100 (1969), and cases cited therein. Because this appeal is taken from a nonappealable order, it must accordingly be dismissed.

We do not choose, under the circumstances of this case, to grant discretionary review pursuant to Rule 105, Rules of Civil Appellate Procedure.

Appeal dismissed.

SHERAN, C. J., and OTIS, J., took no part in the consideration or decision of this case.


Summaries of

Wilson v. Schaub

Supreme Court of Minnesota
Aug 29, 1978
269 N.W.2d 46 (Minn. 1978)
Case details for

Wilson v. Schaub

Case Details

Full title:Delbert WILSON, as Administrator of the Estate of Emil Schaub, a.k.a. Emil…

Court:Supreme Court of Minnesota

Date published: Aug 29, 1978

Citations

269 N.W.2d 46 (Minn. 1978)