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Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Minnesota Supreme Court: Lawsuit Against Attorneys is Barred by Finality of Judgment Doctrine
Date: Nov 28, 2005 — Minneapolis, MN
The Minnesota Supreme Court recently reversed a District Court ruling in a matter involving the finality of a judgment and remanded the case to be dismissed.
Plaintiffs (shareholders) filed suit on behalf of the Minnesota Police Relief Association (MPRA) against the MPRA board of directors and its attorneys (attorney defendants). The trial court dismissed plaintiffs’ claims in their entirety against all defendants. Plaintiffs appealed only as to the MPRA board of directors, and did not serve attorney defendants with notice of the appeal.
The Minnesota Court of Appeals reversed and remanded the case for trial. The Minnesota Supreme Court affirmed. On remand to the trial court, attorney defendants moved to dismiss based on lack of jurisdiction and finality of the earlier, unappealed judgment. The trial court denied the motion, constrained by its obligation to comply with the appellate courts’ remand of the case for trial. Attorney defendants appealed.
The Court of Appeals dismissed the appeal, holding that the district court’s order was not immediately appealable.
The Minnesota Supreme Court accepted review, agreed that further litigation against the attorney defendants was barred, and remanded to the district court for dismissal of the claims against attorney defendants. The Supreme Court held the district court’s original dismissal order dismissed all defendants, and because plaintiffs appealed only as to the MPRA board of directors, who were the only party to the first appeal, the order became final as to the attorney defendants when the time for appeal expired. Because the judgment was final as to the claims against attorney defendants, the trial court had no further jurisdiction over the attorney defendants on remand.
Bassford Remele Shareholders Lewis A. Remele, Jr. and Charles E. Lundberg successfully represented the attorney defendants in this matter.
Janssen v. Best & Flanagan, 704 N.W.2d 759 (Minn. 2005). Link to Minnesota Supreme Court Opinion
Bassford Remele, A Professional Association, is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.