Nelson v. B & B Investment Co. Inc.
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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1971, among the opinions in this site’s citation index.
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Cases that cite this one
3 later published cases cite this decision.
- Johnson & Peterson, Inc. v. Toohey (Minn. 1971)
- LeRoy v. Figure Skating Club of Minneapolis (Minn. 1968)
- Gebeke v. Arthur Mercantile Company (N.D. 1965)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Plaintiffs appeal from an order of the District Court of Hennepin County granting defendants’ motion for summary judgment under Rule 56, Rules of Civil Procedure. Defendants move to dismiss the appeal.
Rule 56.03 of Rules of Civil Procedure provides in part as follows:
“* * * Judgment shall be rendered forthwith if the pleadings, depositions, * * * and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.”
The appeal in the instant case was taken on April 19, 1962, from the order of March 28, 1962, granting the summary judgment.
The clerk’s file in Hennepin County District Court indicates that the judgment roll was filed and judgment docketed on April 24, 1962. Service of notice of taxation of costs was admitted by plaintiffs’ attorney on April 13, 1962, prior to the entry of judgment.
*394 Where, as here, summary judgment is granted on all issues the aggrieved party may, upon entry of judgment, proceed with his appeal from the judgment.
We have held that this court’s jurisdiction as to appeals is limited to those instances set forth in Minn. St. 605.09. We have also held that an order granting summary judgment is an intermediate order which requires a subsequent judgment to give it effect and is not appeal-able. Shema v. Thorpe Bros. 238 Minn. 470, 57 N. W. (2d) 157.
We have further held that on an appeal from a judgment “any intermediate order involving the merits or necessarily affecting the judgment appealed from” may be reviewed. § 605.09(1); Shema v. Thorpe Bros, supra.
No appeal having been taken from the judgment entered April 24, 1962, this court is without jurisdiction to proceed further in the matter and the motion and application for permission that the appeal be heard from the judgment entered must be denied and the appeal dismissed. See, General Elec. Co. v. Anchor Cas. Co. 251 Minn. 305, 87 N. W. (2d) 639, and In re Estate and Guardianships of Williams, 254 Minn. 272, 95 N. W. (2d) 91.
Appeal dismissed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.