WEISS v. PRIVATE CAPITAL, LLC

No. A13-1098.

839 N.W.2d 106 (2013)

Lee D. WEISS, et al., Respondents, v. PRIVATE CAPITAL, LLC, et al., Appellants.

Court of Appeals of Minnesota.

October 28, 2013.


Attorney(s) appearing for the Case

Skip Durocher , Eric R. Sherman , Dorsey & Whitney LLP, Minneapolis, MN; and Michael Paris , (pro hac vice), Nystrom Beckman & Paris LLP, Boston, MA, for respondents.

Bruce Jones , Tyler A. Young , Faegre Baker Daniels LLP, Minneapolis, MN, for appellants.

Considered and decided by JOHNSON, Chief Judge; STONEBURNER, Judge; and RODENBERG, Judge.


SPECIAL TERM OPINION

JOHNSON, Chief Judge.

The issue before the court is whether a party may appeal from a judgment if a request for contract-based attorney fees is pending in the district court. We conclude that a judgment is not final and appealable while such a request is pending.

Respondents Lee D. Weiss and Weiss Capital Real Estate Group, LLC commenced this action against appellants Private Capital, LLC and Scott Fischer. Respondents alleged...

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