41566 Precedential Dismissed Processed

Cucchiarella v. Kolodzieg

Minnesota Supreme Court · Filed March 14, 1969 · 166 N.W.2d 100

Cited by

T.A. Schifsky & Sons, Inc. v. Bahr Construction, LLC 773 N.W.2d 783 Minn. 2009
Iowa Kemper Insurance Co. v. Stone 269 N.W.2d 885 Minn. 1978
Wilson v. Schaub 269 N.W.2d 46 Minn. 1978
Durfee v. Rod Baxter Imports, Inc. 262 N.W.2d 349 Minn. 1977
Buresh v. Mullen 207 N.W.2d 279 Minn. 1973
McWilliams Construction, Inc. v. Village of Spring Park 200 N.W.2d 401 Minn. 1972

Authorities cited

Identified automatically; this list may not be exhaustive.

Wilson v. Tauer 180 N.W. 93
Cochran v. Toher 14 Minn. 385
14 Minn. 387 not in our corpus
State ex rel. Lembke v. Bechdel 38 Minn. 278
Weiser v. City of St. Paul 86 Minn. 26
Nikannis Co. v. City of Duluth 108 Minn. 83
Arnoldy v. Northwestern State Bank 142 Minn. 449
Layton v. Lee 146 Minn. 478
Traders Trust Co. v. Davidson 178 N.W. 735
Reader v. Ottis 147 Minn. 466
Wilson ex rel. Mitchell v. Erickson 180 N.W. 93
Orth v. Walters 155 Minn. 131
Brochin v. Lifson 172 Minn. 51
Palmer v. First Minneapolis Trust Co. 179 Minn. 381
Cohen v. Globe Business Sales, Inc. 282 Minn. 540
Merz v. Oftedal 274 Minn. 401

Opinion text

Per Curiam. This is an appeal growing out of a proceeding in municipal court in the city of St. Paul, in which plaintiff, Perry A. Cucchiarella, secured a judgment against defendants, Leo T. Kolodzieg and Lloyd Leslie Chalupsky, and against Allstate Insurance Company, as insurer, in the sum of $778.30. The findings of fact, conclusions of law, and order for judgment were filed April 26, 1968, and the judgment was entered the same day. The notice of appeal recites that the appeal is taken “from the Order for Judgment of the Municipal Court entered on April 26, 1968, directing a verdict in favor of the plaintiff and in favor of the defendant Lloyd Leslie Chalupsky.” Judgments and orders from which appeal as of right may be taken to *516 this court are specified by Rule 103.03, Rules of Civil Appellate Procedure. This rule is substantially identical with Minn. St. 605.09. No provision is made for an appeal to this court from an order for judgment. Since the appeal is taken from a nonappealable order, it must accordingly be dismissed. Some of the cases which have dealt with this subject are: Lamb v. McCanna, 14 Minn. 385 (513); Rogers v. Holyoke, 14 Minn. 387 (514); State ex rel. Lembke v. Bechdel, 38 Minn. 278 , 37 N. W. 338 ; Weiser v. City of St. Paul, 86 Minn. 26 , 90 N. W. 8 ; Nikannis Co. v. City of Duluth, 108 Minn. 83 , 121 N. W. 212 ; Arnoldy v. Northwestern State Bank, 142 Minn. 449 , 172 N. W. 699 ; Layton v. Lee, 146 Minn. 478 , 178 N. W. 735 ; Wilson v. Tauer, 147 Minn. 466 , 180 N. W. 93 ; Orth v. Walters, 155 Minn. 131 , 192 N. W. 936 ; Brochin v. Lifson, 172 Minn. 51 , 215 N. W. 180 ; Palmer v. First Minneapolis Trust Co. 179 Minn. 381 , 230 N. W. 257 ; Cohen v. Globe Business Sales, Inc. 282 Minn. 540 , 166 N. W. (2d) 704 ; Merz v. Oftedal, 274 Minn. 401 , 144 N. W. (2d) 58 . Appeal dismissed.