By Laura S. Underkuffler
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Extra resources for Civil Appellate Practice in the Minnesota Court of Appeals
Sample text
Once certified, the order is appealable as of right. This rule provides an extremely useful avenue for obtaining appellate review of orders that would otherwise be unreviewable until appeal is taken from the final judgment or denial of posttrial motions—a delay which, in many cases, would destroy the effectiveness of any review. It must be noted, however, that certification under the Minnesota rule is available only for orders that deny a motion to dismiss for failure to state a claim or that deny a motion for summary judgment.
See Terket v. 2d 29, 3 2 - 3 4 (7th Cir. 1980); Brown v. , 560 F. Supp. 391, 4 0 2 - 4 0 3 , n. J. 1983). 19. Spaeth v. 2d 815, 825 (Minn. 1984). Initiation of Appellate Proceedings 31 judgment that merely modifies the adjudication previously entered. In the first instance, the partial judgment is not appealable, and the contents of both judgments are reviewable only on appeal from the 20 second, final judgment. In the second instance, the first judgment is appealable. The question then arises whether an appeal must be taken from this judgment or whether a party may wait and appeal from the second judgment with all issues available for review at that time.
2d 101 (1969). 65. Staples v. Zinn, 302 Minn. 2d 415 (1974). See also Gruening v. 2d 907, 909 (Minn. Ct. App. 1985)(factual findings that pertain to certified question must be made by trial court). 66. State v. 2d 883 (Minn. Ct. App. 1984). See also Gruening v. 2d 907, 909 (Minn. Ct. App. 1985) (certified question must first be decided and explained by trial court). 67. Lorshbough v. 2d 96 (Minn. 1977). 03. It should be noted that by order dated June 4, 1985, the Minnesota surpeme court has decided that it will accept all cases where the trial court has certified a question as important and doubtful.