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STATE OF MINNESOTA IN COURT OF APPEALS A11-353 D.Y.N. Kiev, LLC, et al., Appellants, vs. Marshall B. Jackson, defendant and third party plaintiff, Respondent, vs. Kenneth Hertz, third party defendant, Appellant. Filed August 1, 2011 Appeal dismissed in part Johnson, Chief Judge Hennepin County District Court File No. 27-CV-09-14749

Kenneth Hertz, Hertz Law Offices, P.A., Columbia Heights, Minnesota (for appellants) Leslie A. Anderson, Leslie A. Anderson, Ltd., Champlin, Minnesota; and Kay Nord Hunt, Lommen, Abdo, Cole, King & Stageberg, P.A., Minneapolis, Minnesota (for respondent) Kenneth Hertz, Columbia Heights, Minnesota (attorney pro se)

Considered and decided by Johnson, Chief Judge; Kalitowski, Judge; and Worke, Judge.

SYLLABUS An award of attorney fees pursuant to Minnesota Statutes section 322B.38 or section 322B.833, subdivision 7, does not relate to the merits of a violation of chapter 322B but, rather, is collateral to the merits. Thus, a judgment on the merits of a claim alleging a violation of chapter 322B is an appealable final judgment even if the issue of attorney fees has been reserved. SPECIAL TERM OPINION JOHNSON, Chief Judge The notice of appeal in this case purports to seek review of two judgments issued by the district court in the same case. The first judgment determined the merits of various claims related to three limited-liability companies owned by appellant Kenneth Hertz and respondent Marshall Jackson and also determined that Jackson is entitled to an award of attorney fees, in an amount to be determined. The second judgment determined the amount of attorney fees that Jackson may recover from Hertz. Hertz and Jackson were members of three limited-liability companies. Hertz caused the three companies to commence this action against Jackson, and Jackson thereafter alleged third-party claims against Hertz. The parties stipulated that they are deadlocked in the management of the affairs of the companies and that the companies should be dissolved pursuant to Minn. Stat.

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