D.Y.N. Kiev, LLC v. Jackson
2011 Minn. App. LEXIS 100
| Minn. Ct. App. | 2011Background
- Hertz and Jackson, members of three LLCs, are deadlocked; the LLCs should be dissolved under Minn. Stat. § 322B.833, subd. 1 (2010).
- The district court held a bench trial in July 2010 and issued an October 22, 2010 order resolving merits and awarding attorney fees to Jackson, with the amount to be determined later.
- On December 17, 2010, the district court awarded Jackson about $30,000 in attorney fees and $1,000 in costs, with judgments entered December 21, 2010.
- Hertz appealed February 17, 2011, seeking review of the November 23, 2010 and December 21, 2010 judgments, raising jurisdiction and finality questions.
- The court questioned appellate jurisdiction over the first judgment and analyzed whether it was a final, appealable judgment under Minnesota law.
- The court held the first judgment was final and appealable upon entry, and that Hertz’s appeal of that judgment was untimely; the second judgment was timely and proceeds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the first judgment was final and appealable | Hertz argues American Family controls; first judgment not final. | Jackson relies on Schifsky and finality attachment for collateral fees. | First judgment final and appealable; not a separate award. |
| Whether Hertz’s appeal of the first judgment was timely | Hertz contends a different finality rule extends time. | Appellate deadlines apply; untimely if beyond January 24, 2011. | Appeal of the first judgment dismissed as untimely. |
| Whether the second judgment on attorney fees is timely | Hertz challenges timing of the fee judgment. | Second judgment entered December 21, 2010, with timely appeal. | Second judgment timely; appeal may proceed. |
Key Cases Cited
- T.A. Schifsky & Sons, Inc. v. Bahr Constr., LLC, 773 N.W.2d 783 (Minn. 2009) (fee awards collateral to merits; not a separate claim )
- American Family Mut. Ins. Co. v. Peterson, 380 N.W.2d 495 (Minn. 1986) (first judgment not final where fees reserved)
- Kellar v. Von Holtum, 605 N.W.2d 696 (Minn. 2000) (fees are collateral to merits; not a separate claim)