§ 571.42

Minnesota Statutes

Source: 2025 Minnesota Statutes. For the official text, see revisor.mn.gov.

Citing Cases (9)

Minnesota Supreme Court

Buysse v. Baumann-Furrie & Co. · 1989 1 citation

St. Paul F & M directs its initial attack upon the district court’s jurisdiction over either the subject matter of the garnishment or the person of the St. Paul F & M. It complains that the judgment entered in the main action is not a final judgment and, therefore, will not support the issuance of a garnishment summons because the judgment does not specify the portion payable to each judgment creditor. The judgment is, of course, the product of agreement between the defendant and the 83 plaintiffs in these consolidated cases. It resolves all disputes between defendant and all plaintiffs. This is not a class action; despite the large number of plaintiffs, they are all named plaintiffs, and there is no necessity for court ordered disposition of unclaimed funds or court approval of attorney fees. Compare Parks v. Pavkovic, 753 F.2d 1397, 1401-02 (7th Cir.1985) (appealable final judgment where only ministerial tasks remained in the determination of individual judgments) with Strey v. Hunt International Resources Corp., 696 F.2d 87, 88 (10th Cir.1982) (no appealable final judgment where division of damages, *870 disposition of unclaimed funds, and measure of attorney fees not determined). Satisfaction of the judgment can be obtained by paying the face amount of the judgment, including costs and disbursements, plus accrued interest. Any disagreement among the judgment creditors about distribution of the proceeds can be resolved without the participation of the former judgment debtor. The failure to allocate the judgment among the plaintiffs may well, as St. Paul F & M contends, impede determination of the reasonableness and prudence of the settlement on which the judgment rests. We note also that had the main action included claims for damages outside the coverage of the St. Paul F & M policy as well as claims for damages within the policy coverage, there might be some basis for the contention that the insurer’s contractual liability on the judgment cannot be determined without an apportionment of damages. See, e.g., Duke v. Hoch, 468 F.2d 973, 978-79 (5th Cir.1972); Buckley v. Orem, 112 Idaho 117, 123-25, 730 P.2d 1037, 1043-45 (Ct.App.1986). But these are matters of proof, not of jurisdiction. Accordingly, the judgment against Baumann-Furrie is a final judgment on which a garnishment summons may issue. Minn. Stat. § 571.42, subd. 1 (1988). We hold that the district court had jurisdiction over the subject matter in this garnishment proceeding.