Legal Opinion
Weiss v. Private Capital, LLC
Court of Appeals of Minnesota
Decided October 28, 2013No. A13-1098Published
1Opinion of the Court
SPECIAL TERM OPINION
JOHNSON, Chief Judge.
The issue before the court is whether a party may appeal from a judgment if a request for contract-based attorney fees is pending in the district court. We conclude that a judgment is not final and appealable while such a request is pending.
Respondents Lee D. Weiss and Weiss Capital Real Estate Group, LLC commenced this action against appellants Private Capital, LLC and Scott Fischer. Respondents alleged claims of breach of contract, unjust enrichment, conversion, and fraudulent inducement. Respondents sought compensatory damages and punitive damages.…
2Cases cited6 opinions
- Kellar v. Von HoltumSupreme Court of Minnesota · 2000
- T.A. Schifsky & Sons, Inc. v. Bahr Construction, LLCSupreme Court of Minnesota · 2009
- United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLCSupreme Court of Minnesota · 2012
- American Family Mutual Insurance Co. v. PetersonCourt of Appeals of Minnesota · 1986
- D.Y.N. Kiev, LLC v. JacksonCourt of Appeals of Minnesota · 2011
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