Opinion
No. 42474.
May 1, 1970.
Appeal and error — appeal not taken within required time — dismissal.
Appeal by plaintiff, Melba P. Evanson, and applicant-intervenor, Paul Dan Rosso, from an order of the Hennepin County District Court, Stanley D. Kane, Judge, dismissing her action against the auditor and treasurer of said county and the city of Minneapolis to enjoin proceedings to acquire certain land for highway purposes. Upon motion of respondents, appeal dismissed.
Melba P. Evanson and Paul Dan Rosso, pro se, for appellants.
George M. Scott, County Attorney, Floyd B. Olson, Assistant County Attorney, and Edward R. Kenneally, Assistant City Attorney, for respondents.
Respondents move for a dismissal of the appeal of the relator and the applicant-intervenor from the November 26, 1969, order of the District Court of Hennepin County denying their motion for a temporary injunction. Service of written notice of the filing of that order was made on November 28, 1969, and notice of appeal was served on February 26, 1970.
Rule 104.01, Rules of Civil Appellate Procedure, provides that an appeal from an order may be taken "within 30 days after service of written notice of filing thereof by the adverse party." Since this appeal was not taken within 30 days after service of written notice of the filing of the order, the order of the district court has become final and the motion to dismiss must be granted, but without costs or disbursements to respondents. In re Application of American Finnish Workers Society, 246 Minn. 563, 76 N.W.2d 708.
Appeal dismissed.