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Sunde v. Fobair Furniture8/1/2000
con. Sec., 386 N.W.2d 702, 706 (Minn. 1986). We conclude that the plain language of Minn. Stat. §á550.37, subd. 22, exempts from execution a debtor's right of action, but does not exempt from execution proceeds obtained from a personal-injury action. We note that the federal courts have applied the statute consistent with our interpretation. See Christians v. Dulas, 95 F.3d 703, 704-05 (8th Cir. 1996) (settling a personal-injury claim reduces a right of action to a right of payment, and proceeds are not exempt); In re Procter, 186 B.R. 466, 468-69 (Bankr. D. Minn. 1995) (Minnesota legislature has not extended the right-of-action exemption to proceeds obtained from a personal-injury claim).
Sunde's attempt to argue that the $3,000 was exempt because she had not signed the release or stipulated settlement is unpersuasive. Following the May 5, 1999, hearing, the district court determined that a binding settlement agreement was reached between Sunde and American Chrome during the trial. Sunde did not appeal from this order; therefore, the determination is final. See Dieseth v. Calder Mfg. Co., 275 Minn. 365, 370, 147 N.W.2d 100, 103 (1966) (order is final after the time for appeal has expired).
Sunde arguably had a right of action against American Chrome when she was injured. But because she extinguished that right when she settled her claims against American Chrome in July 1998 during the course of trial, the proceeds from that settlement are not exempt from execution under Minn. Stat. §á550.37, subd. 22.
Finally, we address Fobair Furniture's motion to strike Sunde's reply brief. A reply brief must be confined to new matters raised in respondent's brief. Minn. R. Civ. App. P. 128.02, subd. 3. We have not considered those portions of the brief that fall outside the issues permitted under the appellate rules. See State v. Medibus-Helpmobile, Inc., 481 N.W.2d 86, 93 (Minn. App. 1992) (for purposes of rule 128.02, "new matter" means "new issue"), review denied (Minn. Mar. 19, 1992).
Affirmed; motion granted.
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