Opinion
No. C2-94-2150.
March 3, 1995.
ORDER
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the alternative petition of Admiral Merchants Motor Freight, Inc., et al. for a writ of mandamus or a writ of prohibition restraining the Hennepin County District Court, the Honorable Steven Z. Lange, from enforcing portions of its October 12, 1994 order granting Kirkland Ellis' motion for reference pursuant to Minn.R.Civ.P. 53.02, and addressing the question of interest and penalties by virtue of our decision in Admiral Merchants v. O'Connor Hannan, 494 N.W.2d 261 (Minn. 1992) be, and the same is, denied.
MEMORANDUM
The facts underlying this proceeding are set forth in Admiral Merchants v. O'Connor Hannan, 494 N.W.2d 261 (Minn. 1992). The petitioners first contend that the trial court has either misconceived this court's directive on remand or has abused its discretion in referring the matter pursuant to Rule 53, Minn.R.Civ.P., to a referee for proceedings specifically in accordance with Rule 53.05(c). Our denial of the application for extraordinary relief should not be taken as an endorsement of the trial court's reference, but rather reflects our recognition and application of the narrow standard by which we review the trial court's order on this alternative petition. See, e.g., Thermorama, Inc. v. Shiller, 271 Minn. 79, 85, 135 N.W.2d 43, 47 (1965).
In its order at issue, the trial court reserved ruling on the question of entitlement to interest and penalties, prompting petitioners' challenge that that reservation conflicts with this court's disposition of the issue in Admiral Merchants, 494 N.W.2d at 267. To eliminate any confusion, on that appeal we merely commented that the arbitrator's inquiry would have been limited to the question of withdrawal liability assessment and would not have encompassed the question of entitlement to interest and penalties. By its reservation of a ruling with regard to that entitlement, the trial court has properly signaled that further proceedings in this regard are contemplated.