Cited by

Opinions in Minnesota that cite Lampert Lumber Co. v. Joyce, 405 N.W.2d 423.

34 citing documents.

In re the Guardianship of Suad Sharif. Minn. Ct. App. 2026
must weigh the reasons given for” dismissal “against any prejudice to the other litigants.”
Ingrid Shoat, Appellant, Minn. Ct. App. 2024
d 423, 426 (Minn. 1987) (stating failure to plead case goes to substantive legitimacy of case itself and is not the kind of procedural problem to be resolved by dismissal by district court on its own motion).
David M. Smith, et al., Respondents, Minn. Ct. App. 2023
See Lampert Lumber Co. v. Joyce , (concluding that the law does not recognize negligent or tortious breach of contract).
Khamar Abdulle, Appellant, Minn. Ct. App. 2023
1 See, d 423, 424 (Minn. 1987)
Levine v. Bayview Loan Servicing, LLC 926 N.W.2d 49 Minn. Ct. App. 2019
Levine v. Bayview Loan Servicing, LLC 926 N.W.2d 49 Minn. Ct. App. 2019
Lampert Lumber Co. v. Joyce , , 425 (Minn. 1987).
Sherdell Jean Leshoure v. 2003 GMC Yukon, MN LIC 399 CCP, VIN 2GKEK13Z93J209465 Minn. Ct. App. 2017
Sherdell Jean Leshoure v. 2003 GMC Yukon, MN LIC 399 CCP, VIN 2GKEK13Z93J209465 Minn. Ct. App. 2017
Rebecca J. Adams, John Crudele v. James Koch, Steve Hyland, Erik Ostigaard, Greg Bohnsack Minn. Ct. App. 2016
Rebecca J. Adams, John Crudele v. James Koch, Steve Hyland, Erik Ostigaard, Greg Bohnsack Minn. Ct. App. 2016
an order of the court, the judge may dismiss the case with or without prejudice.”
A & M Market LLC v. West Side Groceries, Inc., and third party v. Stryker Market, LLC, third … Minn. Ct. App. 2015
A & M Market LLC v. West Side Groceries, Inc., and third party v. Stryker Market, LLC, third … Minn. Ct. App. 2015
6 “Rule 41.02[a2] is designed to let the trial court manage its docket and eliminate delays and obstructionist tactics by use of the sanction of dismissal.”
Commonwealth Land Title Insurance Company v. Historic Ivy Tower, LLC Minn. Ct. App. 2014
Commonwealth Land Title Insurance Company v. Historic Ivy Tower, LLC Minn. Ct. App. 2014
Ivy parties are precluded from recovering on that basis because “negligent breach of contract[ is] a cause of action not recognized in this state.” (); (“[W]hen a contract provides the only source of duties between the parties, Minnesota law does not permit the breach of those duties to support a cause of act
Metro Building Companies v. RAM Buildings, Inc. 783 N.W.2d 204 Minn. Ct. App. 2010
Criticized Metro Building Companies v. RAM Buildings, Inc. 783 N.W.2d 204 Minn. Ct. App. 2010
(“The law favors cases being decided on their true merits.”).
Modrow v. JP Foodservice, Inc. 656 N.W.2d 389 Minn. 2003
Modrow v. JP Foodservice, Inc. 656 N.W.2d 389 Minn. 2003
(noting that Rule 41.02 is a trial management tool); Firoved, 277 Minn. at 283 , d at 368 (referring to disposing of cases on the merits as a “primary objective”).
Wessin v. Archives Corp. 592 N.W.2d 460 Minn. 1999
Wessin v. Archives Corp. 592 N.W.2d 460 Minn. 1999
“Whether a dismissal without prejudice will be granted, and on what terms, is a matter to be presented on motion to the trial court, which then must weigh the reasons given for the requested nonsuit against any prejudice to the other litigants.” Lampert Lumber Co. n Joyce
G & T TRUCKING CO. v. GFI America, Inc. 535 N.W.2d 658 Minn. Ct. App. 1995
G & T TRUCKING CO. v. GFI America, Inc. 535 N.W.2d 658 Minn. Ct. App. 1995
Lassen v. First Bank Eden Prairie 514 N.W.2d 831 Minn. Ct. App. 1994
Lassen v. First Bank Eden Prairie 514 N.W.2d 831 Minn. Ct. App. 1994
Hellerstedt v. MacGibbon 489 N.W.2d 247 Minn. Ct. App. 1992
Przymus v. Commissioner of Public Safety 488 N.W.2d 829 Minn. Ct. App. 1992
Hellerstedt v. MacGibbon 489 N.W.2d 247 Minn. Ct. App. 1992
(citations omitted; emphasis added).
Przymus v. Commissioner of Public Safety 488 N.W.2d 829 Minn. Ct. App. 1992
Johnson v. Hunter 447 N.W.2d 871 Minn. 1989
Johnson v. Hunter 447 N.W.2d 871 Minn. 1989
Even though a case dismissed with prejudice for lack of prosecution, as was the 1969 action, is disposed of on nonsub-stantive ground, such a dismissal nonetheless “operates as an adjudication on the merits,” Firoved v. General Motors Corp., 277 Minn. 278, 283 , and thus can form the basis for res judicata.
Sorenson v. St. Paul Ramsey Medical Center 444 N.W.2d 848 Minn. Ct. App. 1989
Sorenson v. St. Paul Ramsey Medical Center 444 N.W.2d 848 Minn. Ct. App. 1989
(“The law favors cases being decided on their true merits”).
Peterson v. Skutt Ceramic Products, Inc. 417 N.W.2d 648 Minn. Ct. App. 1987
Peterson v. Skutt Ceramic Products, Inc. 417 N.W.2d 648 Minn. Ct. App. 1987
Furthermore, the supreme court stated: If a party does not cooperate with the litigation process by failing to comply with the rules of procedure or an order of the court, the judge may dismiss the case with or without prejudice.