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MOLLICO v. MOLLICO

Nos. C6-00-1870, C2-00-1963.

628 N.W.2d 637 (2001)

David E. MOLLICO, Respondent, v. Evelyn L. MOLLICO, Respondent, Scott Lucia, Respondent-Appellant, Peggy A. Nelson, f/k/a Peggy A. Scheall, et al., Defendants, Phyllis R. Bazso, a/k/a Phyllis L. Bazso, Respondent, and Evelyn Mollico, third-party plaintiff, Respondent, v. Richard D. Kolu, third-party defendant, Appellant.

Court of Appeals of Minnesota.

June 19, 2001.

Attorney(s) appearing for the Case

Harold A. Frederick, Joseph M. Fischer, Fryberger, Buchanan, Smith & Frederick, P.A., Duluth, MN, (for respondent David Mollico).

Larry Stauber, Jr., Stauber & Lien, Duluth, MN, (for respondent Evelyn Mollico).

Richard A. Nelson, Duluth, MN, (for respondent Lucia).

Jeffrey C. Paulson, Hammargren, Meyer & Paulson, P.A., Minneapolis, MN, (for appellant Lucia).

Phyllis R. Bazso, El Cagon, CA, (pro se respondent).

Michael E. Orman, Orman & Nord Law Offices, Duluth, MN, (for third-party plaintiff/respondent Evelyn Mollico).

John D. Kelly, Robin C. Merritt, Hanft Fride, P.A., Duluth, MN, (for appellant Kolu).

Considered and decided by HANSON, Presiding Judge, TOUSSAINT, Chief Judge, and CRIPPEN, Judge.

OPINION

CRIPPEN, Judge

Appellants Richard Kolu and Scott Lucia challenge the trial court's summary judgment ruling that a written delivery instruction, attached to a quitclaim deed executed by owners Evelyn Mollico and her now-deceased husband, is unambiguous as a matter of law and served to immediately convey the owners' interest in their property. More particularly, appellants contend that the trial court erred by refusing to admit extrinsic evidence to...

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