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STATE OF MINNESOTA IN SUPREME COURT A07-165 Court of Appeals Catherine F. Peterka, Respondent, vs. Stephen G. Dennis, Certified Public Accountant, et al., Appellants, Todd R. Haugan, Attorney at Law, Defendant. ________________________ John M. Degnan, Diane B. Bratvold, Jonathan P. Schmidt, Briggs & Morgan, P.A., Minneapolis, Minnesota, for appellants. Richard E. Bosse, Law Offices of Richard E. Bosse, Chtd., Henning, Minnesota, for respondent. Thomas J. Shroyer, Peter A. Koller, Moss & Barnett, P.A., Minneapolis, Minnesota, for amicus curiae Minnesota Society of Certified Public Accountants. Mary Catherine Lauhead, Law Offices of Mary Catherine Lauhead, St. Paul, Minnesota; Michael D. Dittberner, Clugg, Linder, Dittberner & Bryant, Ltd., Edina, Minnesota; Cheryl M. Prince, Hanft Fride, P.A., Duluth, Minnesota; and Joan H. Lucas, Lucas Family Law, LLC, St. Paul, Minnesota, for amici curiae Family Law Section of the Minnesota State Bar Association and American Academy of Matrimonial Lawyers, Minnesota Chapter. ________________________ 1 Filed: May 7, 2009 Office of Appellate Courts Page, J. Took no part, Magnuson, C.J.

SYLLABUS 1. District courts appointment of a neutral evaluator to evaluate marital

property in the form of business assets in the underlying divorce proceeding met all of the requirements for the appointment of an expert witness under Rule 706 of the Minnesota Rules of Evidence. 2. Expert witnesses appointed under Rule 706 are entitled to immunity from

suit for acts performed pursuant to the appointment. Reversed. OPINION PAGE, Justice. Respondent Catherine F. Peterka sued appellant, Stephen G. Dennis, CPA, alleging breach of contract and that Dennis committed professional malpractice by applying an incorrect method to value marital property in the form of business assets during Catherine Peterkas divorce from her former husband. Catherine Peterka also named Denniss employer, appellant Baune, Dosen & Co. (Baune Dosen), as a defendant in the suit. The district court granted Dennis and Baune Dosen summary judgment, holding that Dennis was protected by quasi-judicial immunity and that, absent liability on Denniss part, Baune Dosen was also immune. The court of appeals reversed. Based on our conclusion that Dennis is immune from civil suit as a Rule 706 expert, we reverse the court of appeals and reinstate the district courts order for summary judgment.

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The divorce proceedings giving rise to these claims commenced in April 1996, with dissolution of the marriage occurring in March 1998. As part of the proceedings, Catherine Peterka, her spouse, and their respective counsel agreed to have the couples business assets, including interests in two home-building companies, valued by a neutral evaluator. See Minn. Stat.

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