Opinion
No. 43917.
April 20, 1973.
Appeal and error — nonappealable order — order granting summary judgment.
Action in the Hennepin County Municipal Court for replevin of a speed boat, allegedly the subject of a security agreement between plaintiff and defendant John C. Ralston and sold by Ralston to defendant Lewis E. Ludolph. The court, Richard J. Kantorowicz, Judge, granted plaintiff's motion for summary judgment, and defendant Ludolph appealed from said order. Appeal dismissed.
David E. Tanner, for appellant.
N.E. Stewart, for respondent.
Considered en banc without oral argument.
Appeal from an order of the Hennepin County Municipal Court granting summary judgment to plaintiff, Credit Union of Minneapolis Board of Realtors.
The order from which the appeal was taken is not appealable. Rule 103.03, Rules of Civil Appellate Procedure, lists those orders from which appeals may be taken to this court. We have held that an order granting a motion for summary judgment is interlocutory and not appealable under Rule 103.03. In re Estate and Guardianships of Williams, 254 Minn. 272, 95 N.W.2d 91 (1959); Johnson Peterson, Inc. v. Toohey, 289 Minn. 362, 184 N.W.2d 586 (1971). The appeal, in any event, is without merit.
Appeal dismissed.