Legal Opinion · Dissent

In Re State & Regents Building Asbestos Cases

Supreme Court of Minnesota

Decided January 31, 1989No. CX-88-1402Published

1DissentPopovich, Justice

I respectfully dissent and write to express my concern over the majority’s recog*523nition of a right to appeal arising “from principles independent of the appellate rules.” While the majority notes the “confusion” evidenced by the court of appeals, I believe the confusion, if any, may also arise from our failure to consistently apply the rules of appellate procedure relating to jurisdiction and our creation of exceptions to them.

1. There is no constitutional right in this state to appeal in civil cases. In re Appeal of O’Rourke, 300 Minn. 158, 164-65, 220 N.W.2d 811, 815 (1974). Appellate courts…

2Cases cited15 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Hunt v. Nevada State BankSupreme Court of Minnesota · 1969
  3. Hardy v. MatthewsSupreme Court of the United States · 1970
  4. Anderson v. City of HopkinsSupreme Court of Minnesota · 1986
  5. Chapman v. DorseySupreme Court of Minnesota · 1950

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