Hoff v. Kempton

OPINION

SIMONETT, Justice.

This is an appeal from an order denying defendant Kempton’s motion to dismiss for lack of jurisdiction pursuant to Rush v. Savchuk, 444 U.S. 320, 100 S.Ct. 571, 62 L.Ed.2d 516 (1980). Upon request of defendant, the district court thereafter certified as “important and doubtful” pursuant to Minn.R.Civ.App.P. 103.03(i) the question of whether Rush v. Savchuk should be retroactively applied. We answer this question in the affirmative and reverse the order of the district court with instructions to dismiss for lack of jurisdiction.

This action arises out of an automobile…