Minnesota Statutes 525.71 – Appealable Orders
(a) Appeals to the court of appeals may be taken from any of the following orders, judgments, and decrees issued by a judge of the court under this chapter or chapter 524:
Terms Used In Minnesota Statutes 525.71
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bequest: Property gifted by will.
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Contract: A legal written agreement that becomes binding when signed.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Venue: The geographical location in which a case is tried.
(1) an order admitting, or refusing to admit, a will to probate;
(2) an order appointing, or refusing to appoint, or removing, or refusing to remove, a representative other than a special administrator, temporary or emergency guardian, agent, or conservator;
(3) an order authorizing, or refusing to authorize, the sale, mortgage, or lease of real estate, or confirming, or refusing to confirm, the sale or lease of real estate;
(4) an order directing, or refusing to direct, a conveyance or lease of real estate under contract;
(5) an order permitting, or refusing to permit, the filing of a claim, or allowing or disallowing a claim or counterclaim, in whole or in part, when the amount in controversy exceeds $100;
(6) an order setting apart, or refusing to set apart, property, or making, or refusing to make, an allowance for the spouse or children;
(7) an order determining, or refusing to determine, venue; an order transferring, or refusing to transfer, venue;
(8) an order directing, or refusing to direct, the payment of a bequest or distributive share when the amount in controversy exceeds $100;
(9) an order allowing, or refusing to allow, an account of a representative or any part of it when the amount in controversy exceeds $100;
(10) an order adjudging a person in contempt;
(11) an order vacating, or refusing to vacate, a previous appealable order, judgment, or decree alleged to have been procured by fraud or misrepresentation, or through surprise or excusable inadvertence or neglect;
(12) a judgment or decree of partial or final distribution or an order determining or confirming distribution or any order of general protection;
(13) an order entered pursuant to section 578.17;
(14) an order granting or denying restoration to capacity;
(15) an order made directing, or refusing to direct, the payment of representative’s fees or attorneys’ fees, and in such case the representative and the attorney shall each be deemed an aggrieved party and entitled to appeal;
(16) an order, judgment, or decree relating to or affecting estate taxes or refusing to amend, modify, or vacate such an order, judgment, or decree; and
(17) an order extending the time for the settlement of the estate beyond five years from the date of the appointment of the representative.
(b) Appeals to the court of appeals may also be taken from any other properly appealable order pursuant to the Rules of Civil Appellate Procedure.
(c) An order appointing, refusing to appoint, removing, or refusing to remove a temporary or emergency guardian under sections 524.5-204, paragraphs (b) and (c), 524.5-311, and 524.5-312, or temporary or emergency conservator or agent under sections 524.5-406, paragraph (g), and 524.5-412, or a special administrator under section 524.3-614, is not an appealable order under this section or the Rules of Civil Appellate Procedure.