Cited by
Opinions in Minnesota that cite Firoved v. General Motors Corporation, 152 N.W.2d 364.
- Chisholm v. Foley 427 N.W.2d 278 Minn. Ct. App. 1988
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Chisholm v. Foley
427 N.W.2d 278
Minn. Ct. App. 1988
See Firoved v. General Motors Corp., 277 Minn. 278, 283
- Peterson v. Skutt Ceramic Products, Inc. 417 N.W.2d 648 Minn. Ct. App. 1987
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Peterson v. Skutt Ceramic Products, Inc.
417 N.W.2d 648
Minn. Ct. App. 1987
See also Firoved v. General Motors Corp., 277 Minn. 278, 284 , (defendants are entitled to weight of policy that seeks to prevent unreasonable delays in absence of a showing of a particular prejudice).
- State Ex Rel. Humphrey v. Ri-Mel, Inc. 417 N.W.2d 102 Minn. Ct. App. 1987
- Wherley v. Foss 416 N.W.2d 463 Minn. Ct. App. 1987
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Wherley v. Foss
416 N.W.2d 463
Minn. Ct. App. 1987
Firoved v. General Motors Corporation, 277 Minn. 278, 283-84
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State Ex Rel. Humphrey v. Ri-Mel, Inc.
417 N.W.2d 102
Minn. Ct. App. 1987
see also Firoved v. General Motors Corp., 277 Minn. 278
- Collins v. Cochrane and Bresnahan, P.A. 415 N.W.2d 715 Minn. Ct. App. 1987
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Collins v. Cochrane and Bresnahan, P.A.
415 N.W.2d 715
Minn. Ct. App. 1987
Firoved v. General Motors Corp., 277 Minn. 278, 284 , (emphasis added).
- Ed H. Anderson Co. v. A.P.I., Inc. 411 N.W.2d 254 Minn. Ct. App. 1987
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Ed H. Anderson Co. v. A.P.I., Inc.
411 N.W.2d 254
Minn. Ct. App. 1987
Firoved v. General Motors Corp., 277 Minn. 278, 283
- Charson v. Temple Israel 405 N.W.2d 895 Minn. Ct. App. 1987
- Arnold Johnsen Decorators, Inc. v. Holmbeck & Associates, Inc. 408 N.W.2d 919 Minn. Ct. App. 1987
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Arnold Johnsen Decorators, Inc. v. Holmbeck & Associates, Inc.
408 N.W.2d 919
Minn. Ct. App. 1987
The primary factor to be considered in dismissing is “the prejudicial effect of the order upon the parties to the action.” Firoved v. General Motors Corp., 277 Minn. 278, 283
- Midwest Federal Savings & Loan Association of Minneapolis v. West Bend Mutual Insurance Co. 407 N.W.2d 690 Minn. Ct. App. 1987
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Midwest Federal Savings & Loan Association of Minneapolis v. West Bend Mutual Insurance Co.
407 N.W.2d 690
Minn. Ct. App. 1987
Firoved v. General Motors Corp., 277 Minn. 278, 283
- Ryan v. Ballentine VFW Post No. 246 407 N.W.2d 105 Minn. Ct. App. 1987
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Ryan v. Ballentine VFW Post No. 246
407 N.W.2d 105
Minn. Ct. App. 1987
(1) the “ ‘primary objective of the law to dispose of cases on the merits,’ ” and (2) a trial court’s discretion “ ‘to enforce calendar rules, to prevent unnecessary and inexcusable delays, and to promote the public interest in keeping dockets free of stale claims.’ ” Housing & (quoting Firoved v. General Motors Corp., 277 Minn. 278, 283-84 , -69 (1967)).
- Lampert Lumber Co. v. Joyce 405 N.W.2d 423 Minn. 1987
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Lampert Lumber Co. v. Joyce
405 N.W.2d 423
Minn. 1987
See, e.g., Firoved v. General Motors Corp., 277 Minn. 278 , (trial court properly dismissed plaintiff’s action under Rule 41.02(1) for refusal to proceed with trial as directed by the court, but dismissal, under the circumstances, should have been without prejudice).
- Lampert Lumber Co. v. Joyce 396 N.W.2d 75 Minn. Ct. App. 1986
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Lampert Lumber Co. v. Joyce
396 N.W.2d 75
Minn. Ct. App. 1986
Appellant argues the trial court should have dismissed with prejudice in the interests of judicial economy and because “the primary objective of the law [is] to dispose of cases on the merits.” Firoved v. General Motors Corporation, 277 Minn. 278, 283
- Keefe v. Cargill, Inc. 393 N.W.2d 425 Minn. Ct. App. 1986
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Keefe v. Cargill, Inc.
393 N.W.2d 425
Minn. Ct. App. 1986
In Firoved v. General Motors Corp., 277 Minn. 278 , the court stated: An order of dismissal on procedural grounds runs counter to the primary objective of the law to dispose of cases on the merits.
- Belton v. City of Minneapolis 393 N.W.2d 244 Minn. Ct. App. 1986
- Kraushaar v. Austin Medical Clinic P.A. 393 N.W.2d 217 Minn. Ct. App. 1986
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Kraushaar v. Austin Medical Clinic P.A.
393 N.W.2d 217
Minn. Ct. App. 1986
In Firoved v. General Motors Corp., 277 Minn. 278 , the supreme court reversed a trial court’s dismissal of a plaintiff’s cause of action for failure to prosecute, noting that “[responsibility for such delays as can be charged to plaintiff were not caused by his personal neglect but by the neglect and delinquencies of his counsel.” Id.
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Belton v. City of Minneapolis
393 N.W.2d 244
Minn. Ct. App. 1986
Cf. Firoved v. General Motors Corp., 277 Minn. 278, 283 , (under extraordinary circumstances a dismissal with prejudice might be justified even though no prejudice to defendant is shown).
- Dennie v. Metropolitan Medical Center 387 N.W.2d 401 Minn. 1986
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Dennie v. Metropolitan Medical Center
387 N.W.2d 401
Minn. 1986
This court’s position on the issue was best expressed in Firoved v. General Motors Corp., 277 Minn. 278, 283-84 , : An order of dismissal on procedural grounds runs counter to the primary objective of the law to dispose of cases on the merits.
- Jadwin v. City of Dayton 379 N.W.2d 194 Minn. Ct. App. 1985
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Jadwin v. City of Dayton
379 N.W.2d 194
Minn. Ct. App. 1985
inexcusable delays, and to promote the public interest in keeping court dockets free of stale claims.” * * On the other hand, “[a]n order of dismissal on procedural grounds runs counter to the primary objective of the law to dispose of cases on the merits.” (quoting Firoved v. General Motors Corp., 277 Minn. 278, 283-84 , -69 (1967)).
- Copeland v. Bragge 378 N.W.2d 35 Minn. Ct. App. 1985
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Copeland v. Bragge
378 N.W.2d 35
Minn. Ct. App. 1985
(quoting Firoved v. General Motors Corp., 277 Minn. 278, 283-84 , -69 (1967)).
- Marriage of Sudheimer v. Sudheimer 372 N.W.2d 792 Minn. Ct. App. 1985
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Marriage of Sudheimer v. Sudheimer
372 N.W.2d 792
Minn. Ct. App. 1985
On the one hand, “a broad measure of discretion must be left to trial judges to enforce calendar rules, to prevent unnecessary and inexcusable delays, and to promote the public interest in keeping court dockets free of stale claims.” Firoved v. General Motors Corp., 277 Minn. 278, 284
- Dennie v. Metropolitan Medical Center 369 N.W.2d 552 Minn. Ct. App. 1985
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Dennie v. Metropolitan Medical Center
369 N.W.2d 552
Minn. Ct. App. 1985
ANALYSIS In Firoved v. General Motors Corporation, 277 Minn. 278 , the Minnesota Supreme Court reversed a trial court’s pretrial dismissal of plaintiff’s action on the merits, noting: Since a dismissal with prejudice operates as an adjudication on the merits, it is the most punitive sanction which can be imposed for noncompliance with the rules * * *.
- Bio-Line Inc. v. Wilfley 365 N.W.2d 338 Minn. Ct. App. 1985
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Bio-Line Inc. v. Wilfley
365 N.W.2d 338
Minn. Ct. App. 1985
at 666 (citing Firoved v. General Motors Corp., 277 Minn. 278, 283 , ).
- Reichert v. Union Fidelity Life Insurance Co. 360 N.W.2d 664 Minn. Ct. App. 1985
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Reichert v. Union Fidelity Life Insurance Co.
360 N.W.2d 664
Minn. Ct. App. 1985
Firoved v. General Motors Corp., 277 Minn. 278, 283
- State, Department of Public Safety v. Johnson 356 N.W.2d 388 Minn. Ct. App. 1984
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State, Department of Public Safety v. Johnson
356 N.W.2d 388
Minn. Ct. App. 1984
Firoved v. General Motors Corp., 277 Minn. 278
- Housing & Redevelopment Authority of the City of Saint Paul v. Kotlar 352 N.W.2d 497 Minn. Ct. App. 1984
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Housing & Redevelopment Authority of the City of Saint Paul v. Kotlar
352 N.W.2d 497
Minn. Ct. App. 1984
On the one hand, “a broad measure of discretion must be left to trial judges to enforce calendar rules, to prevent unnecessary and inexcusable delays, and to promote the public interest in keeping court dockets free of stale claims.” Firoved v. General Motors Cory., 277 Minn. 278, 284
- Scherer v. Hanson 270 N.W.2d 23 Minn. 1978
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Scherer v. Hanson
270 N.W.2d 23
Minn. 1978
No. 271, 296 Minn. 413, 414 , Firoved v. General Motors Corp., 277 Minn. 278, 282
- Peters v. Waters Instruments, Inc. 251 N.W.2d 114 Minn. 1977