Eisenberg v. State Farm Mutual Automobile Insurance

This matter is before the court on a motion to dismiss an appeal from an order refusing to vacate a judgment. The judgment was en tered January 10, 1964. No appeal was taken within the 90-day period provided by Minn. St. 605.08. On May 4, 1964, plaintiff moved to vacate the judgment. This motion was denied by order December 14, 1964. The notice of appeal filed January 12, 1965, was from the order refusing to vacate the judgment. Under the appeal statute, § 605.09, no provision is made for an appeal from an order refusing to vacate a judgment.

We held in Tombs v. Ashworth, 255 Minn. 55, 95 N.…