Oak Glen of Edina, Respondent, vs. Tracey Brewington, Appellant. No. C8-01-1296.Minnesota Court of Appeals. Filed: April 23, 2002. Page 482 Appeal from the District Court, Hennepin County, Bruce Hartigan, J., File No. HC10703401. Page 483 SYLLABUS I. A tenant’s late payment under a Section 8 rental agreement constitutes a minor violation of the rental agreement. […]
Category: Minnesota Court Opinions
STATE v. DALBEC, A09-568 (Minn.App. 10-11-2011)
State of Minnesota, Respondent, v. Daniel Brian Dalbec, Appellant. No. A09-568.Minnesota Court of Appeals. Filed October 11, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]
THOMMES v. MILWAUKEE INS. CO., 641 N.W.2d 877 (Minn. 2002)
John Thommes, individually and d/b/a Thommes Thomas Land Clearing, Respondent, vs. Milwaukee Insurance Company, petitioner, Appellant. No. C9-00-1393.Supreme Court of Minnesota. Filed: April 18, 2002. Appeal from the Minnesota Court of Appeals, G. Barry Anderson, J. Page 878 SYLLABUS Exclusions 2j(5) and 2j(6) in contractor’s standard commercial general liability insurance policy do not clearly and […]
STATE EX REL. SARGENT v. TAHASH, 280 Minn. 507 (1968)
160 N.W.2d 139 STATE EX REL. WILLIAM F. SARGENT v. RALPH H. TAHASH. No. 40,980.Supreme Court of Minnesota. June 28, 1968. Criminal law — child abandonment — nature of offense. 1. The crime of child abandonment or desertion under Minn. St. 1961, § 617.55, is generally recognized as a continuing offense which is committed not […]
PETITION OF De LARIA, 427 N.W.2d 745 (Minn.App. 1988)
In the Matter of the Petition of DE LARIA TRANSPORT, INC. to Redesignate the Petroleum Authority issued under Irregular Route Common Carrier Permit No. 24982 to a Certificate of Public Convenience and Necessity as a Petroleum Carrier Under Petroleum Carrier Certificate No. 182. No. C1-88-445.Minnesota Court of Appeals. August 23, 1988. Appeal from the Minnesota […]
JEFFERS v. STATE, C6-02-1369 (Minn.App. 4-29-2003)
Michael Jeffers, petitioner, Appellant, vs. State of Minnesota, Respondent No. C6-02-1369.Minnesota Court of Appeals. Filed April 29, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the Ramsey […]
STATE v. BROWN, C7-99-1045 (Minn.App. 11-2-1999)
STATE OF MINNESOTA, Respondent, v. DAVID NOVINS BROWN, Appellant. No. C7-99-1045.Minnesota Court of Appeals. Filed November 2, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
FOSTER ON BEHALF OF J.B. v. BROOKS, 546 N.W.2d 52 (Minn.App. 1996)
Debra B. FOSTER on Behalf of J.B., petitioner, Respondent, v. Barbara J. BROOKS, Appellant. No. C1-95-2375.Minnesota Court of Appeals. April 16, 1996. Appeal from District Court of St. Louis County; Hon. Jeffry S. Rantala, Judge, No. FX92350427. Page 53 Syllabus by the Court Absent a custodial parent’s request for an evidentiary hearing, the district court […]
IN RE PETITION NYBERG, 601 N.W.2d 900 (Minn. 1999)
In Re Petition for Reinstatement to the Practice of Law of Kent E. Nyberg, Petitioner. No. C8-99-1538.Supreme Court of Minnesota. Dated November 9, 1999. ALAN C. PAGE, Associate Justice ORDER On October 27, 1999, this court suspended petitioner Kent E. Nyberg from the practice of law for a period of 30 days. The court’s order […]
PROCTOR v. SPORTS RESTAURANT, INC., A04-1907 (Minn. 8-16-2005)
Frederick Johnson Proctor, et al. v. Sports Restaurant, Inc., d/b/a Benchwarmer Bob’s, Ramada Inn and Conference Center NW. No. A04-1907.Supreme Court of Minnesota. August 16, 2005. Order on petition for further review Denied.
STATE v. WISE, A05-2286 (Minn. 4-17-2007)
State v. Kelly L. Wise. No. A05-2286.Supreme Court of Minnesota. Filed: April 17, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. SMITH, 261 N.W.2d 349 (Minn. 1977)
STATE of Minnesota, Appellant, v. Lucas Lee SMITH, Respondent. STATE of Minnesota, Appellant, v. Lyndon Lee SMITH, Respondent. No. 47828.Supreme Court of Minnesota. December 16, 1977. Appeal from the District Court, Ramsey County, E. Thomas Brenan, J. Syllabus by the Court 1. Police officers, whose primary motivation for their lawful entrance into an apartment was […]
STATE v. CHICK, 192 Minn. 539 (1934)
257 N.W. 280 STATE v. JIMMIE CHICK.[1] No. 30,042.Supreme Court of Minnesota. November 16, 1934. [1] Reported in 257 N.W. 280. Robbery — evidence — identification of defendant. Under the evidence defendant’s identity was a question for the jury’s determination. Positive identification of the defendant by two of the holdup victims and corroborating testimony of […]
SAN FRAN. RE. INV. v A. N. B., T. CO. ST. P, 366 N.W.2d 102 (Minn. 1985)
SAN FRANCISCO REAL ESTATE INVESTORS, Respondent, v. AMERICAN NATIONAL BANK AND TRUST COMPANY OF ST. PAUL, Appellant. No. C5-84-844.Supreme Court of Minnesota. April 11, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of the American National Bank and Trust Company of St. Paul for further […]
YANG v. CTY. OF CARVER, 660 N.W.2d 828 (Minn.App. 2003)
Thor Yang, Relator, v. County of Carver, et al., Respondents. No. C3-02-1460.Minnesota Court of Appeals. Filed: May 20, 2003. Carver County Board of Commissioners, File No. 12947. Page 829 SYLLABUS A denial of a conditional use permit by the county is arbitrary and capricious where the proposed use meets the requirements specified by the relevant […]
TORWICK v. LISLE, 268 Minn. 197 (1964)
128 N.W.2d 330 D. TORWICK v. FRANK I. LISLE AND OTHERS. No. 39,066.Supreme Court of Minnesota. May 8, 1964. Appeal and error — law of case — instructions. 1. A charge to which the prevailing party has taken no exception becomes the law of the case and may not for the first time be challenged […]
ANDREWS v. BENSON, 476 N.W.2d 194 (Minn.App. 1991)
Harry ANDREWS, et al., Respondents, v. Patricia Mary BENSON, et al., Appellants, William Cooley, et al., Defendants. No. C6-91-693.Minnesota Court of Appeals. October 22, 1991. Review Denied December 23, 1991. Appeal from the District Court, Hennepin County, John J. Sommerville, J. Page 195 Syllabus by the Court 1. Repeal of Minn.Stat. § 500.20, subd. 2, […]
ROITENBERG v. HALLEY’S CUSTOM HOMES, A06-1334 (Minn. 11-13-2007)
Dona Roitenberg v. Halley’s Custom Homes, Inc. No. A06-1334.Supreme Court of Minnesota. Filed: November 13, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. KRUSE, 302 N.W.2d 29 (Minn. 1981)
STATE of Minnesota, Respondent, v. Jerome Thomas KRUSE, Appellant. No. 51141.Supreme Court of Minnesota. February 6, 1981. Appeal from the District Court, Douglas County, Donald A. Gray, J. Page 30 Syllabus by the Court 1. Evidence of defendant’s guilt of criminal sexual conduct in the fourth degree was sufficient. 2. Trial court did not commit […]
HINCE v. O’KEEFE, 632 N.W.2d 577 (Minn. 2001)
John Willard Hince, et al., petitioners, Appellants, vs. Michael O’Keefe, Commissioner of the Department of Human Services, et al., Respondents. No. C0-00-49.Supreme Court of Minnesota. Filed: August 9, 2001 Appeal from the District Court, Ramsey County, Michael F. Fetsch, J. Page 578 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
IN RE MARRIAGE OF QUAN v. QUAN, A03-1621 (Minn.App. 9-7-2004)
In re the Marriage of: Nancy Ng Quan, petitioner, Appellant, v. Dennis Arthur Quan, Respondent. No. A03-1621.Minnesota Court of Appeals. Filed September 7, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
BARRERA v. MUIR, 553 N.W.2d 104 (Minn.App. 1996)
Maria BARRERA, Appellant, v. David M. MUIR, et al., Respondents, David Barrera, Respondent. No. C7-95-2641.Minnesota Court of Appeals. September 10, 1996. Review Denied October 29, 1996. Appeal from the District Court, Clay County, Michael L. Kirk, J. Page 105 Syllabus by the Court 1. Medical opinion testimony does not conclusively bind a jury, unless the […]
JANZEN v. DEPT. OF EMP. ECO. DEV., A08-1404 (Minn.App. 6-9-2009)
Matthew J. Janzen, Relator, v. Department of Employment and Economic Development, Respondent. No. A08-1404.Minnesota Court of Appeals. Filed: June 9, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal […]
KOIVISTO v. DALE, A06-2349 (Minn.App. 9-11-2007)
Carrie Koivisto, Respondent, v. Duane L. Dale, et al., Defendants, Richard A. Poupard, et al., Appellants. No. A06-2349.Minnesota Court of Appeals. Filed September 11, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
STATE v. CASTILLO-BENITEZ, C6-99-1747 (Minn.App. 9-12-2000)
State of Minnesota, Respondent, v. Rene Castillo-Benitez, Appellant. No. C6-99-1747.Minnesota Court of Appeals. Filed September 12, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, […]
YOUNG v. ST. PAUL PUBLISHERS, INC., 210 Minn. 346 (1941)
298 N.W. 251 SARAH A. YOUNG v. ST. PAUL PUBLISHERS, INC. AND OTHERS.[1] No. 32,727.Supreme Court of Minnesota. May 23, 1941. [1] Reported in 298 N.W. 251. Contract — express contract — requisites — accession by both parties to same set of terms. Under rule that to establish an express contract between parties by their […]
IN RE APP. FOR DIS., LEO EDWARD MELRIN, 267 Minn. 549 (1963)
125 N.W.2d 590 IN RE APPLICATION FOR DISCIPLINE OF LEO EDWARD MELRIN. No. 38,952.Supreme Court of Minnesota. December 20, 1963. Attorney and client — disbarment proceedings — conviction of felony. Petition to this court by the State Board of Law Examiners for the discipline of Leo Edward Melrin, an attorney at law. The matter was […]
STATE v. HERBERT, 601 N.W.2d 210 (Minn.App. 1999)
State of Minnesota, Appellant, v. Kenneth Paul Herbert, Respondent. No. CX-99-827.Minnesota Court of Appeals. Filed September 21, 1999. Appeal from Mille Lacs County District Court, LANSING, Judge, File No. K498182. Reversed and remanded. Page 211 SYLLABUS A burglar who steals firearms after breaking into a residence possesses firearms “at the time of the offense” within […]
LAMPERT LUMBER CO. v. JOYCE, 405 N.W.2d 423 (Minn. 1987)
LAMPERT LUMBER COMPANY, d.b.a. Lampert Building Center, Respondent, v. Vera K. JOYCE, Respondent, Donald F. Nolde, petitioner, Appellant, First National Bank of Stillwater, Respondent, City of Stillwater, et al., Defendants. No. C2-86-935.Supreme Court of Minnesota. May 8, 1987. Appeal from the District Court, Washington County, Edward E. Bearse, J. Page 424 Syllabus by the Court […]
ZELLE v. CHICAGO NORTH WESTERN RY. CO., 242 Minn. 439 (1954)
65 N.W.2d 583 EDGAR F. ZELLE, AS TRUSTEE OF WISCONSIN CENTRAL RAILWAY COMPANY, AND OTHERS v. CHICAGO NORTH WESTERN RAILWAY COMPANY.[1] No. 36,303.Supreme Court of Minnesota. July 2, 1954. [1] Reported in 65 N.W.2d 583. Arbitration and award — Minnesota arbitration act — substitution by agreement. 1. Minnesota arbitration act, M.S.A. c. 572, plainly preserves […]
STATE v. ALI, 775 N.W.2d 914 (Minn.App. 2009)
STATE of Minnesota, Respondent v. Naser Omer ALI, Appellant. No. A08-1799.Minnesota Court of Appeals. December 15, 2009. Appeals from the District Court, Hennepin County, Kathryn L. Quaintance, J. Page 915 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 916 SYLLABUS In a […]
BOYLES v. PUZAK, CX-99-598 (Minn.App. 12-14-1999)
Francis F. Boyles, et al., Appellant, v. Frederick N. Puzak, Respondent, Frederick N. Puzak, Respondent vs. Liberty Mutual Fire Insurance Company, Respondent, Francis F. Boyles, et al., Appellants. No. CX-99-598.Minnesota Court of Appeals. Filed December 14, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and […]
IN THE MARRIAGE OF SIREK v. SIREK, A03-394 (Minn.App. 1-13-2004)
In re the Marriage of: Roger W. Sirek, petitioner, Appellant, v. Carol M. Sirek, Respondent. No. A03-394.Minnesota Court of Appeals. Filed January 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished andmay not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
HESS v. ELLWANGER, C5-00-29 (Minn.App. 8-29-2000)
Randall Hess, as Trustee of the Randall Hess Revocable Trust of July 21, 1994, et al., Respondents, v. Donovan R. Ellwanger and Susan L. Ellwanger, d/b/a American Heritage Hunting Club, Inc., Appellants. No. C5-00-29.Minnesota Court of Appeals. Filed August 29, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion […]
IN RE APPLICATION OF YESNES TO REG. TITLE TO LAND, 235 Minn. 356 (1952)
51 N.W.2d 67 IN RE APPLICATION OF BESSIE YESNES AND JUSTIN D. HALPERN, AS ADMINISTRATOR d. b. n. OF ESTATE OF MAX COOPER, TO REGISTER TITLE TO LAND. RACHEL COOPER, APPELLANT.[1] No. 35,485.Supreme Court of Minnesota. January 11, 1952. [1] Reported in 51 N.W.2d 67. Deed — delivery — necessity. An undelivered deed conveys no […]
ANDREWS v. MANPOWER, INC., C7-98-158 (Minn.App. 9-29-1998)
Michelle Andrews, Relator, v. Manpower, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C7-98-158.Minnesota Court of Appeals. Filed September 29, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal […]
TREBELHORN v. MINNEAPOLIS CABLE SYSTEMS, 380 N.W.2d 237 (Minn.App. 1986)
Kenneth W. TREBELHORN, Relator, v. MINNEAPOLIS CABLE SYSTEMS, INC., Commissioner of Economic Security, Respondents. No. C2-85-1699.Minnesota Court of Appeals. January 28, 1986. Syllabus by the Court We must affirm the decision of the representative of the Commissioner of Economic Security if the decision is reasonably supported by the record. Thomas G. McCarthy, Winthrop, for relator. […]
STATE v. RENFREW, 280 Minn. 276 (1968)
159 N.W.2d 111 STATE v. KENNETH D. RENFREW. No. 40,562.Supreme Court of Minnesota. May 17, 1968. Criminal law — confession — admissibility — compliance with Miranda rule. Where an accused in custody has made a confession after he has been assigned counsel and has been advised against making a statement to the police, and has […]
STATE v. LOVING, C7-98-1567 (Minn.App. 7-13-1999)
State of Minnesota, Respondent, v. Larry Loving, Appellant. No. C7-98-1567.Minnesota Court of Appeals. Filed July 13, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District Court, […]
APDA v. FIRST NAT. BANK OF NORTHFIELD, 584 N.W.2d 437 (Minn.App. 1998)
The AMERICAN PARKINSON DISEASE ASSOCIATION, INC., a New York not for profit corporation, Appellant, v. The FIRST NATIONAL BANK OF NORTHFIELD, Respondent. No. C5-98-515.Minnesota Court of Appeals. October 6, 1998. APPEAL FROM DISTRICT COURT, RICE COUNTY, LAWRENCE AGERTER, J. Page 438 Syllabus by the Court 1. Absent a showing of the bank’s failure to follow […]
IGO v. COMM. OF PUBLIC SAFETY, A08-2257 (Minn.App. 8-4-2009)
Patrick John Igo, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A08-2257.Minnesota Court of Appeals. Filed August 4, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]
NATHE BROTHERS v. AM. NATIONAL FIRE INS., 615 N.W.2d 341 (Minn. 2000)
Nathe Brothers, Inc., petitioner, Appellant, vs. American National Fire Insurance Company, an Ohio company, Respondent. No. C5-98-2328.Supreme Court of Minnesota. Filed: August 3, 2000 Appeal from the Office of Appellate Courts. Page 342 SYLLABUS The Minnesota Standard Fire Insurance Policy’s requirement that a proof of loss be submitted within 60 days is not a condition […]
AUSTIN DAILY HERALD v. MORK, 507 N.W.2d 854 (Minn.App. 1993)
AUSTIN DAILY HERALD and Post-Bulletin Co., Petitioners, v. Honorable James L. MORK, Judge of District Court, Respondent. No. C4-93-2186.Minnesota Court of Appeals. November 5, 1993. Review Denied December 14, 1993. Appeal from the District Court, Mower County, James L. Mork, J. Page 855 Syllabus of the Court An order that excludes the public from a […]
STATE v. DENT, 308 N.W.2d 487 (Minn. 1981)
STATE of Minnesota, Respondent, v. Anthony DENT, Appellant. No. 51315.Supreme Court of Minnesota. July 24, 1981. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 488 C. Paul Jones, Public Defender, and Susan K. Maki, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., […]
IN RE WELFARE OF THE CHILDREN OF L.C., A07-2178 (Minn.App. 4-15-2008)
In the Matter of the Welfare of the Children of: L.C., Parent. No. A07-2178.Minnesota Court of Appeals. Filed: April 15, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal […]
WOMEN v. GOMEZ, 542 N.W.2d 17 (Minn. 1995)
The WOMEN OF the STATE OF MINNESOTA, as represented by Jane DOE, et al., Respondents, v. Maria R. GOMEZ, in her official capacity as the Commissioner of Human Services, Appellant, Hennepin County Board, Ramsey County Board, St. Louis County Board, Respondents. No. CX-94-1442.Supreme Court of Minnesota. December 15, 1995. Appeal from the District Court, Hennepin […]
STATE v. VAHABI, C7-95-1795 (Minn.App. 9-10-1996)
State of Minnesota, Appellant, vs. Fakhri Vahabi, Respondent (C7-95-1795), Hamid Reza Vahabi, Respondent (C9-95-1796). Nos. C7-95-1795, C9-95-1796.Minnesota Court of Appeals. Filed September 10, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. JOHNSON, 392 N.W.2d 685 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Gregg M. JOHNSON, Respondent. No. C1-86-604.Minnesota Court of Appeals. September 2, 1986. Appeal from the District Court, Scott County, Robert Goggins, J. Syllabus by the Court The trial court erred as a matter of law in concluding that the investigatory stop was invalid, because the officer articulated sufficient facts to […]
IN RE BURGLAND, A06-2200 (Minn.App. 10-16-2007)
In re the Support of: Cherrin B. Burgland n/k/a Cherrin B. Godak, petitioner, Respondent, v. Duane A. Erwin, Appellant. No. A06-2200.Minnesota Court of Appeals. Filed October 16, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]
STATE v. SMITH, C7-98-385 (Minn.App. 12-22-1998)
STATE OF MINNESOTA, Respondent, v. CLIFFORD EARL SMITH, Appellant. No. C7-98-385.Minnesota Court of Appeals. Filed December 22, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
SANDERS v. BOUGHTON, 404 N.W.2d 916 (Minn.App. 1987)
Paula J. SANDERS, Appellant, v. Robert R. BOUGHTON, Respondent. No. C9-86-1998.Minnesota Court of Appeals. May 5, 1987. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 917 Syllabus by the Court When the respondent failed to file and serve a notice of review as required by Minn.Stat. § 484.65, subd. 9 (1986), […]
CAMPBELL v. LENZEN, 206 Minn. 387 (1939)
288 N.W. 833 JOHN W. CAMPBELL AND OTHERS v. G. D. LENZEN AND ANOTHER.[1] No. 32,246.Supreme Court of Minnesota. December 1, 1939. [1] Reported in 288 N.W. 833. Limitation of action — commencement of limitation period — action on note. 1. The evidence justified the court in finding that the cause of action sued upon […]
FISHER v. EASTERN AIR LINES, INC., 414 N.W.2d 403 (Minn. 1987)
Gail Russell FISHER, Respondent, v. EASTERN AIR LINES, INC., Appellant. No. C7-87-780.Supreme Court of Minnesota. October 30, 1987. Appeal from the District Court, Hennepin County, Jonathon A. Lebedoff, J. Syllabus by the Court Where respondent, in order to litigate her discrimination charge, was required by statute to initiate administrative proceedings prior to commencing a private […]
PETERSON v. PETERSON, 278 Minn. 433 (1967)
153 N.W.2d 831 FAYE V. PETERSON v. PALMER A. PETERSON AND ANOTHER. No. 40,021.Supreme Court of Minnesota. October 27, 1967. Contempt — constructive criminal contempt — procedures required in prosecution. Certiorari upon the relation of Palmer A. Peterson, defendant in a divorce action, to review an order of the Hennepin County District Court, Stanley D. […]
JOHNSON v. URIE, 405 N.W.2d 887 (Minn. 1987)
Roger E. JOHNSON, et. al., Respondents, v. Joseph URIE and American Family Mutual Insurance Company, petitioners, Appellants. No. C0-86-920.Supreme Court of Minnesota. May 15, 1987. Appeal from the District Court, St. Louis County, Charles T. Barnes, J. Syllabus by the Court 1. Any common law duty of an insurance agent to offer to an insured […]
BESCH v. VILLAGE OF ARDEN HILLS, 262 Minn. 527 (1962)
115 N.W.2d 338 JOSEPH J. BESCH v. VILLAGE OF ARDEN HILLS AND OTHERS. No. 38,482.Supreme Court of Minnesota. May 18, 1962. Workmen’s compensation — civil defense volunteer from one municipality injured in training exercise in another — municipality responsible for compensation. The sheriff of Ramsey County in his capacity as county director of civil defense, […]
ASSOCIATED BLDRS. AND CONTR. v. VENTURA, 610 N.W.2d 293 (Minn. 2000)
Associated Builders and Contractors, et al., Respondents, v. Office of Appellate Courts, The Honorable Jesse Ventura, et al., petitioners, Appellants (C8-98-1383), Defendants (C1-98-1385, C4-98-1428), Granite City Electric, Inc., et al., petitioners, Appellants (C1-98-1385), Intervenors (C8-98-1383, C4-98-1428), International Brotherhood of Electrical Workers, Local 292, petitioner, Appellant (C4-98-1428), Intervenor (C8-98-1383, C4-98-1385). Nos. C8-98-1383, C1-98-1385, C4-98-1428.Supreme Court of […]
RYAN AND VanDerHEYDEN v. BAGNE, 429 N.W.2d 307 (Minn.App. 1988)
RYAN AND VanDerHEYDEN, Respondent, v. J.B. BAGNE, Defendant, and Farmers and Merchants Bank of Preston, Appellant. No. C6-88-974.Minnesota Court of Appeals. September 27, 1988. Review Granted December 1, 1988. Appeal from the District Court, Olmsted County, Roger S. Plunkett, J. Syllabus by the Court An attorney’s lien on a lessee’s condemnation proceeds does not have […]
BRISBOIS v. CARTAGE, 427 N.W.2d 239 (Minn. 1988)
James R. BRISBOIS, Respondent, v. Barry CARTAGE and Ideal Mutual Insurance Company, Relators. No. C9-88-516.Supreme Court of Minnesota. August 12, 1988. Appeal from the Workers’ Compensation Court of Appeals. Page 240 Syllabus by the Court The employee’s affidavit of prejudice requesting removal of the compensation judge was untimely filed. Janet Monson, Miriam Rykken, Minneapolis, for […]
NEAL v. NEAL, 238 Minn. 292 (1953)
56 N.W.2d 673 MINNIE B. NEAL v. PAUL W. NEAL AND ANOTHER. ROBERT W. STELTER, RESPONDENT.[1] No. 35,761.Supreme Court of Minnesota. January 16, 1953. [1] Reported in 56 N.W.2d 673. Automobiles — negligence of driver — failure to keep proper lookout. 1. In action arising out of intersection collision occurring when appellant’s automobile, in which […]
STATE v. McNUTT, A08-1194 (Minn.App. 7-21-2009)
State of Minnesota, Respondent, v. Terral D. McNutt, Appellant. No. A08-1194.Minnesota Court of Appeals. Filed July 21, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
KROMINGA v. STATE, 311 N.W.2d 858 (Minn. 1981)
Toby Blair KROMINGA, Appellant, v. STATE of Minnesota, Respondent. No. 81-340.Supreme Court of Minnesota. November 6, 1981. Appeal from the District Court, Dakota County, Charles F. Gegen, J. Page 859 Syllabus by the Court District court may decide merits of petition for postconviction relief without evidentiary hearing only when there is no material fact in […]
KNOX v. KNOX, A05-1989 (Minn.App. 8-15-2006)
Mary Elizabeth Knox, petitioner, Respondent, v. Harold Thomas Knox, III, Appellant. No. A05-1989.Minnesota Court of Appeals. Filed August 15, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from […]
STATE v. B. G. S., A10-1600 (Minn.App. 5-9-2011)
State of Minnesota, Appellant, v. B. G. S., n/k/a B. G. O., Respondent. No. A10-1600.Minnesota Court of Appeals. Filed May 9, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). […]
GEIGER v. COMMISSIONER OF PUBLIC SAFETY, A03-2031 (Minn.App. 7-6-2004)
Gregory Gene Geiger, petitioner, Respondent v. Commissioner of Public Safety, Appellant. No. A03-2031.Minnesota Court of Appeals. Filed July 6, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from […]
IN RE DISCIPLINARY ACTION AGAINST PLUMMER, 725 N.W.2d 96 (Minn. 2006)
In re Petition for DISCIPLINARY ACTION AGAINST William Albert PLUMMER, a Minnesota Attorney, Registration No. 291365. No. A06-1352.Supreme Court of Minnesota. December 21, 2006. Page 97 Timothy Michael Burke, Office of Lawyers Professional Responsibility, St Paul, MN, for Office of Lawyers Professional Responsibility. William Albert Plummer, St Paul, MN, pro se. Heard, considered, and decided […]
DORNQUAST v. COMMISSIONER OF HEALTH, A05-48 (Minn. 10-18-2005)
Laurie Ann Dornquast v. Commissioner of Health. No. A05-48.Supreme Court of Minnesota. Filed October 18, 2005. Order on petition for further review Denied.
PATTINSON v. PATTINSON, A04-1814 (Minn.App. 6-7-2005)
Kim Teresa Pattinson, petitioner, Appellant, v. Daniel Keller Pattinson, Respondent. No. A04-1814.Minnesota Court of Appeals. Filed June 7, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the […]
STATE v. DULUDE, A06-1726 (Minn.App. 12-18-2007)
State of Minnesota, Respondent, v. Troy William Dulude, Appellant. No. A06-1726.Minnesota Court of Appeals. Filed December 18, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
MATTER OF WELFARE OF L.J.C., 367 N.W.2d 101 (Minn.App. 1985)
In the Matter of the WELFARE OF L.J.C., Child. No. C6-84-2120.Minnesota Court of Appeals. May 7, 1985. Appeal from the St. Lois County Court, Gerald C. Martin, J. Page 102 Syllabus by the Court 1. A status offender may not be held in detention at a secure juvenile detention facility while awaiting a post-adjudication placement. […]
IN RE R.M.R., A03-169 (Minn.App. 11-4-2003)
In the Matter of the Welfare of: R.M.R., a/k/a R.A.R. No. A03-169.Minnesota Court of Appeals. Filed: November 4, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]
GREER v. STATE, 673 N.W.2d 151 (Minn. 2004)
Ronald Lewis Greer, petitioner, Appellant, v. State of Minnesota, Respondent. No. C6-03-216.Supreme Court of Minnesota. Filed: January 15, 2004. Appeal from the Hennepin County. Page 152 SYLLABUS The postconviction court did not abuse its discretion in denying appellant a hearing on his claims of judicial bias when those claims were barred by State v. Knaffla, […]
NORMAN v. CAMPBELL-LOGAN BINDERY, INC., 376 N.W.2d 723 (Minn.App. 1985)
Michael NORMAN, Relator, v. CAMPBELL-LOGAN BINDERY, INC., Department of Economic Security, Respondents. No. C3-85-1047.Minnesota Court of Appeals. November 12, 1985. Syllabus by the Court Although relator took materials from his employer’s premises without permission, his conduct at most evidenced a misunderstanding of his employer’s wishes and should not disqualify him from the receipt of unemployment […]
CERYES v. ST. LOUIS COUNTY WELFARE BD., 402 N.W.2d 209 (Minn.App. 1987)
Craig CERYES, as Guardian for Evelyn Ceryes, Appellant, v. ST. LOUIS COUNTY WELFARE BOARD and Minnesota Department of Human Services, Respondents. No. C5-86-1447.Minnesota Court of Appeals. March 17, 1987. Review Denied May 18, 1987. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Syllabus by the Court The trial court did not […]
ESTATE OF GROLL v. BELLBOY CORP., C7-95-2557 (Minn.App. 6-11-1996)
ESTATE OF LARRY SHELDON GROLL, Respondent, v. BELLBOY CORPORATION, Appellant. No. C7-95-2557.Minnesota Court of Appeals. Filed June 11, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1994). Appeal from the […]
BARBEE-MORGAN v. FAMILY CHIRO. CEN. OF COT., A11-413 (Minn.App. 8-1-2011)
Marilyn Barbee-Morgan, Relator, v. Family Chiropractic Center of Cottage Grove, Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A11-413.Minnesota Court of Appeals. August 1, 2011. Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINIONS MICHELLE A. LARKIN, Judge. Affirmed. Page 1
BERGER v. FIRST NATIONAL BANK TRUST CO., 198 Minn. 513 (1936)
270 N.W. 589 AMANDA E. BERGER AND ANOTHER v. FIRST NATIONAL BANK TRUST COMPANY OF MINNEAPOLIS AND OTHERS.[1] No. 31,187.Supreme Court of Minnesota. December 18, 1936. [1] Reported in 270 N.W. 589. Pleading — striking reply as sham. In an action to recover damages for failure to furnish a title to certain real estate consistent […]
PETERSON v. MURPHY TRANSFER STORAGE CO., 195 Minn. 359 (1935)
263 N.W. 117 ANNA PETERSON v. MURPHY TRANSFER STORAGE COMPANY AND ANOTHER.[1] No. 30,506.Supreme Court of Minnesota. November 8, 1935. [1] Reported in 263 N.W. 117. Workmen’s compensation act — compensation payable to partially dependent parent. Where an employe, whose death is compensable under the workmen’s compensation act, leaves surviving partially dependent parents, 1 Mason […]
CONSTRUCTORS SUPPLY v. BOSTROM SHEET METAL WORKS, 291 Minn. 113 (1971)
190 N.W.2d 71 CONSTRUCTORS SUPPLY COMPANY, d.b.a. HARRIS PLUMBING HEATING COMPANY, v. BOSTROM SHEET METAL WORKS, INC. No. 42562.Supreme Court of Minnesota. August 20, 1971. Estoppel — use of subcontractor’s bid in submission of prime bid for building construction — refusal of subcontractor to perform at bid price — effect. Promissory estoppel was properly applied […]
MAINSTREET BANK v. GISCH, A10-1594 (Minn. 7-19-2011)
Mainstreet Bank n/k/a Central Bank v. Joseph Gisch, et al and Joseph Gisch v. Dan Fesler, et al. No. A10-1594.Supreme Court of Minnesota. Filed July 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
DISCIPLINARY ACTION AGAINST DURENBERGER, 464 N.W.2d 498 (Minn. 1991)
In re the Petition for DISCIPLINARY ACTION AGAINST David F. DURENBERGER, an Attorney at Law of the State of Minnesota. No. C8-91-33.Supreme Court of Minnesota. January 11, 1991. Page 499 ORDER The Director of the Lawyers Professional Responsibility Board filed a petition with this Court alleging that the respondent David F. Durenberger has committed professional […]
GENERAL INS. CO. v. LEBOWSKY, 312 Minn. 370 (1977)
252 N.W.2d 252 GENERAL INSURANCE COMPANY OF AMERICA v. MICHAEL A. LEBOWSKY AND ANOTHER. No. 46464.Supreme Court of Minnesota. March 18, 1977. Judgments — motion for partial summary judgment — effect. 1. Rule 56.04, Rules of Civil Procedure, does not contemplate the entry of a judgment as defined in Rule 54.01 on the issue of […]
STATE v. YOUNGMARK, 285 Minn. 179 (1969)
172 N.W.2d 565 STATE v. ARDEN D. YOUNGMARK. No. 41437.Supreme Court of Minnesota. November 14, 1969. Criminal law — burglary conviction — sufficiency of evidence. Evidence held sufficient to support verdict of guilty of burglary within the meaning of Minn. St. 609.58, subd. 2(3). Appeal by Arden D. Youngmark from a judgment of the Mower […]
JHOURR? v. AMERICAN FAMILY INSURANCE, A03-1305 (Minn.App. 5-4-2004)
Lynda Ste. Jhourré, Appellant, v. American Family Insurance, Respondent. Quinlivan Hughes, P.A., Defendant. No. A03-1305.Minnesota Court of Appeals. Filed May 4, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). […]
NORTHERN STAR BANK v. AMERICAN INVEST. BANK, A10-1280 (Minn.App. 2-15-2011)
Northern Star Bank, Appellant, v. American Investors Bank and Mortgage, Respondent. No. A10-1280.Minnesota Court of Appeals. Filed February 15, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from […]
LUNA v. ARMOUR CO., 259 Minn. 48 (1960)
105 N.W.2d 689 JUDY LUNA v. ARMOUR COMPANY. No. 37,974.Supreme Court of Minnesota. October 28, 1960. Workmen’s compensation — proceedings — review — findings of Industrial Commission. 1. It is the function of this court upon appeal from a decision of the Industrial Commission to determine whether the evidence is such that the commission might […]
BROWN v. STATE, A06-1747 (Minn.App. 9-4-2007)
John Wallace Brown, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-1747.Minnesota Court of Appeals. Filed September 4, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the […]
MATTER OF THE WELFARE OF M.R.C., CX-99-536 (Minn.App. 12-28-1999)
In Re the Matter of the Welfare of: M.R.C. No. CX-99-536.Minnesota Court of Appeals. Filed December 28, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
IN MATTER OF THE WELFARE OF T.J.R, A06-380 (Minn.App. 2-27-2007)
In the Matter of the Welfare of: T.J.R., Child. No. A06-380.Minnesota Court of Appeals. Filed February 27, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
FOX FILM CORP. v. MULLER, 192 Minn. 212 (1934)
256 N.W. 845 FOX FILM CORPORATION v. A. B. MULLER.[1] No. 29,872.Supreme Court of Minnesota. June 29, 1934. [1] Reported in 255 N.W. 845. Monopoly — contract against public policy and in restraint of trade. 1. The standard motion picture exhibition contract here involved contains an arbitration clause whose illegality as against public policy as […]
DORR v. NATIONAL MARROW DONOR PROGRAM, 790 N.W.2d 853 (Minn. 2010)
Lynne DORR, Respondent, v. NATIONAL MARROW DONOR PROGRAM, and CNA Insurance Company, Relators, and Hennepin Faculty Associates, Hennepin County Medical Center, Health Partners, Courage Center, Allina Medical Clinics, Abbott Northwestern Hospital, Progressive Preferred Insurance Company, and Lincoln National Life Insurance Company, Intervenors. No. A10-1324.Supreme Court of Minnesota. December 2, 2010. Timothy P. Jung, Amy E. […]
PETERSEN v. PETERSEN, A03-1115 (Minn.App. 3-9-2004)
Valerie Juliana Petersen, petitioner, Respondent, v. David John Petersen, Appellant. No. A03-1115.Minnesota Court of Appeals. Filed March 9, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]
GUNDERSON v. GUNDERSON, 399 N.W.2d 570 (Minn.App. 1987)
In re the MARRIAGE OF Yvonne R. GUNDERSON, Petitioner, Respondent, v. Kenneth R. GUNDERSON, Appellant. No. C3-86-1334.Minnesota Court of Appeals. January 20, 1987. Review Granted March 18, 1987. Appeal from the County Court, St. Louis County, William R. Sweeney, J. Syllabus by the Court The trial court did not error in determining that a stipulation, […]
WEIRICK v. HAMM REALTY CO., 179 Minn. 25 (1929)
228 N.W. 175 JAMES E. WEIRICK v. HAMM REALTY COMPANY.[1] No. 27,586.Supreme Court of Minnesota. December 13, 1929. [1] Reported in 228 N.W. 175. Clause in lease protected lessor when making repairs. 1. Plaintiff rented office rooms under a lease which relieved lessor from liability for accidental damage resulting from certain specified causes or caused […]
CONSECO LOAN FINANCE CO. v. BOSWELL, 687 N.W.2d 646 (Minn.App. 2004)
CONSECO LOAN FINANCE COMPANY, f/k/a Green Tree Financial Servicing Corporation, a/f/k/a Green Tree Financial Corporation, claimant, Respondent, v. Michael S. BOSWELL, et al., Respondents Below, Uniprop Homes, Inc., a Florida corporation, et al., Appellants. No. A04-161.Minnesota Court of Appeals. October 19, 2004. Appeal from the District Court, Anoka County. Page 647 SYLLABUS I. A landlord’s […]
STATE v. DEL CID, A08-2266 (Minn.App. 7-20-2010)
State of Minnesota, Respondent, v. Olga Marina Franco Del Cid, Appellant. No. A08-2266.Minnesota Court of Appeals. Filed July 20, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]
STATE v. MARTIN, 567 N.W.2d 62 (Minn.App. 1997)
STATE of Minnesota, Respondent, v. John Steven MARTIN, Appellant. No. C7-97-280.Minnesota Court of Appeals. July 22, 1997. Review Denied September 18, 1997. Appeal from the District Court, Carlton County, Robert E. MaCaulay, J. Page 63 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
STATE v. HENKENSIEFKEN, A04-1350 (Minn. 8-24-2005)
State v. Jeremy Scott Henkensiefken. No. A04-1350.Supreme Court of Minnesota. August 24, 2005. Order on petition for further review Denied.
JACOBS v. FARMLAND MUT. INS. CO., 360 N.W.2d 337 (Minn. 1985)
Orrin F. JACOBS, as Trustee for the Heirs and Next-of-Kin of Michael Gordon Jacobs, Deceased, and Orrin F. Jacobs and Audrey M. Jacobs, individually, Respondents, v. FARMLAND MUTUAL INSURANCE COMPANY, Respondent, Frank Gentile, Appellant. Nos. C5-83-2003, C5-84-52.Supreme Court of Minnesota. January 9, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS […]
STATE v. LOYE, A08-1101 (Minn. 8-26-2009)
State v. Daniel Howard Loye. No. A08-1101.Supreme Court of Minnesota. Filed: August 26, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2