Marzitelli v. City of Little Canada

I write separately in dissent to express concern over the interpretation that our court consistently gives to appeals in special proceedings.

When given the opportunity to do so, I urge the Minnesota Supreme Court to review the rule concerning appeals in special proceedings and clarify whether adding the phrase, “[l]et judgment be entered accordingly,” renders the otherwise appealable order under Minn. R. Civ.App. P. 103.03(g) nonappealable until judgment has been entered. While acknowledging that orders in special proceedings are appealable under Minn. R. Civ.App. P. 103.03(g), our court…