State of Minnesota, Respondent, v. Buddy Theodore Opelt, Appellant. No. A06-996.Minnesota Court of Appeals. Filed: June 5, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
Category: Minnesota Court Opinions
KEEZER v. SPICKARD, 493 N.W.2d 614 (Minn.App. 1992)
Rock E. KEEZER, Appellant, v. Dennis SPICKARD, et al., Respondents. No. C3-92-1018.Minnesota Court of Appeals. December 22, 1992. Review Denied February 12, 1993. Appeal from the District Court, Mahnomen County, Russell Anderson, J. Page 615 Syllabus by the Court Mental impressions of government employees are not government data under the Minnesota Government Data Practices Act. […]
IN RE REVIEW OF 2005 ADJ. OF CHARGES, 768 N.W.2d 112 (Minn. 2009)
In the Matter of the REVIEW OF the 2005 ANNUAL AUTOMATIC ADJUSTMENT OF CHARGES FOR ALL ELECTRIC AND GAS UTILITIES. No. A07-653.Supreme Court of Minnesota. July 16, 2009. Appeal from the Minnesota Court of Appeals. Page 113 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
NOVITSKY v. DEPARTMENT OF NATURAL RESOURCES, 320 N.W.2d 85 (Minn. 1982)
Richard NOVITSKY, Relator, v. DEPARTMENT OF NATURAL RESOURCES, Respondent, Commissioner of Economic Security, Respondent. No. 81-954.Supreme Court of Minnesota. June 4, 1982. Page 86 Syllabus by the Court Wages which are “due and payable but not paid”, Minn.Stat. § 268.04, subd. 26 (1980), includes wages earned by an employee before the effective date of a […]
SEIBERT v. SEIBERT, 186 Minn. 274 (1932)
243 N.W. 59 FRANCES C. SEIBERT v. JOSEPH N. SEIBERT. A. B. CLARFIELD, RESPONDENT.[1] No. 28,883.Supreme Court of Minnesota. June 3, 1932. [1] Reported in 243 N.W. 59. Attorney and client — summary proceeding — return of fees after discharge. Where upon conflicting affidavits the trial court may conclude that the moneys paid plaintiff’s attorney […]
McQUEEN v. STATE, A08-1978 (Minn.App. 12-15-2009)
Catherine Renee McQueen, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-1978.Minnesota Court of Appeals. Filed December 15, 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 […]
STATE EX REL. STANDARD INVESTMENT CO. v. ERICKSON, 191 Minn. 188 (1934)
253 N.W. 529 STATE EX REL. STANDARD INVESTMENT COMPANY v. AL P. ERICKSON.[1] No. 29,752.Supreme Court of Minnesota. March 9, 1934. [1] Reported in 253 N.W. 529. Taxation — right of redemption from delinquent tax sale — constitutionality of statute. Following State ex rel. Lichtscheidl v. Moeller, 189 Minn. 412, 249 N.W. 330, and Blaisdell […]
STATE v. KRUSE, C2-00-991 (Minn.App. 5-8-2001)
State of Minnesota, Respondent, v. Daniel Lee Kruse, Appellant. No. C2-00-991Minnesota Court of Appeals. Filed May 8, 2001. [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 (2000). Appeal from the District […]
PAOLETTI v. ZLIMEN, 396 N.W.2d 893 (Minn.App. 1986)
Quentin E. PAOLETTI, Appellant, v. A.J. ZLIMEN, Respondent. No. C8-86-1314.Minnesota Court of Appeals. December 9, 1986. Review Denied February 13, 1987. Appeal from the District Court, Hennepin County, Jonathon Lebedoff, J. Syllabus by the Court Trial court did not err in granting summary judgment motion on legal malpractice claim when causation was not shown. Robert […]
STATE v. HOLLANDER, 590 N.W.2d 341 (Minn.App. 1999)
State of Minnesota, Respondent, vs. Joseph Peter Hollander, Appellant. No. C2-98-648.Minnesota Court of Appeals. Filed March 9, 1999. Appeal from the District Court, Murray County, David E Christiansan, J. Page 342 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 343 Syllabus by […]
PRICE v. SHEPPARD, 307 Minn. 250 (1976)
239 N.W.2d 905 WILLA MAE PRICE, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF DWIGHT PRICE, v. CHARLES G. SHEPPARD AND OTHERS. No. 45588.Supreme Court of Minnesota. February 20, 1976. Constitution — minor committed to state mental hospital — use of electroshock — constitutional rights not violated. 1. The administration of electroshock therapy to an […]
LEDIN v. STATE, C7-97-876 (Minn.App. 12-9-1997)
Garey Francis Ledin, petitioner, Appellant, v. State of Minnesota, Respondent. No. C7-97-876.Minnesota Court of Appeals. Filed December 9, 1997. [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 […]
STATE v. PERRY, C1-03-298 (Minn.App. 2-17-2004)
State of Minnesota, Respondent, v. Willie Wolff Perry, Jr., Appellant. No. C1-03-298.Minnesota Court of Appeals. Filed: February 17, 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 […]
HOLTON v. GNAN TRUCKING, INC., 379 N.W.2d 571 (Minn.App. 1985)
William A. HOLTON, Respondent, v. GNAN TRUCKING, INC., Relator, Commissioner of Economic Security, Respondent. No. C2-85-1587.Minnesota Court of Appeals. December 24, 1985. Syllabus by the Court Receipt of three independent complaints from an employer’s customers, each complaining of the same employee’s offensive behavior and each corroborating the others, was sufficient evidence of employee misconduct to […]
STATE v. BERG, 358 N.W.2d 443 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Keith E. BERG, Appellant. No. C9-84-653.Minnesota Court of Appeals. November 27, 1984. Review Denied February 5, 1985. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Page 444 Syllabus by the Court 1. The trial court did not err in admitting statements made by appellant. 2. The evidence was […]
EDWARDS v. STATE, A09-1432 (Minn.App. 5-4-2010)
Karl Anthony Edwards, petitioner, Appellant, v. State of Minnesota, Respondent. No. A09-1432.Minnesota Court of Appeals. Filed May 4, 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 the […]
MATTER OF WELFARE OF THE CHILD OF T.P., A07-16 (Minn.App. 7-31-2007)
In the Matter of the Welfare of the Child of: T.P. and P.P., Parents, In the Matter of the Welfare of the Child of: T.P. and D.W., Parents. No. A07-16.Minnesota Court of Appeals. Filed: July 31, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and […]
LAMBERTON v. LAMBERTON, 229 Minn. 29 (1949)
38 N.W.2d 72 GRETCHEN L. LAMBERTON v. HENRY M. LAMBERTON, JR.[1] No. 34,900.Supreme Court of Minnesota. June 10, 1949. [1] Reported in 38 N.W.2d 72. Appeal and error — review — determination of matters within discretion of trial court. 1. It is a fundamental rule of appellate procedure that the determination of a trial court […]
KALLUSCH v. KAVLI, 185 Minn. 3 (1931)
240 N.W. 108 OTTO KALLUSCH v. ALBERT C. KAVLI AND OTHERS.[1] No. 28,478.Supreme Court of Minnesota. December 18, 1931. [1] Reported in 240 N.W. 108. Vendor and purchaser — rescission. In an action for rescission of a real estate transaction on the ground of fraud, it is held: Same — no conspiracy. 1. The evidence […]
IN RE MARRIAGE OF KNIGHTON v. KNIGHTON, A07-664 (Minn.App. 5-20-2008)
In re the Marriage of David R.B. Knighton, petitioner, Appellant, v. Ellen L.B. Knighton, Respondent. No. A07-664.Minnesota Court of Appeals. Filed May 20, 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. […]
STATE v. PELAWA, 590 N.W.2d 142 (Minn.App. 1999)
State of Minnesota Respondent, vs. Joseph David Pelawa, Appellant. No. C9-98-596.Minnesota Court of Appeals. Decided February 16, 1999. Review Denied April 28, 1999. Appeal from the District Court, Beltrami County, Terrance Holter, J. Page 143 Syllabus by the Court 1. Evidence that a northbound car crossed the southbound lane onto the southbound shoulder, returned to […]
PETERSON v. DISCOVER MAGICAL MOMENTS DAYCARE, A05-1870 (Minn.App. 2-14-2006)
Annie L. Peterson, Relator, v. Discover Magical Moments Daycare, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A05-1870.Minnesota Court of Appeals. Filed February 14, 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. […]
BARTZ v. MEADOW LANE HEALTHCARE, 733 N.W.2d 776 (Minn. 2007)
Shirley BARTZ, Relator, v. MEADOW LANE HEALTHCARE, and Constitution State Services, Respondents. No. A07-583.Supreme Court of Minnesota. June 25, 2007. Linda Schoep, Schoep McCashin, Chtd., Alexandria, MN, for Relator. Christine L. Tuft, Arthur Chapman Kettering Smetak Pikala P.A., Minneapolis, MN, for Respondents. Considered and decided by the court en banc. AMENDED ORDER Based upon all […]
STATE v. HALL, C1-00-402 (Minn.App. 1-9-2001)
State of Minnesota, Respondent, vs. Allen R. Hall, Appellant. No. C1-00-402.Minnesota Court of Appeals. Filed January 9, 2001. [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 (2000). Appeal from the District […]
DANK v. BETCHER, A05-99 (Minn.App. 12-27-2005)
Steve Dank, et al., Appellants, v. Patrick Betcher, individually and d/b/a B T Construction, Respondent, Patty Lundgren, Respondent, James Paulson, individually and as an agent of the City of Zimmerman, et al., Respondents (A04-99), Defendants (A05-540). Nos. A05-99, A05-540.Minnesota Court of Appeals. Filed December 27, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by […]
KOHNER v. COMMISSIONER OF PUBLIC SAFETY, 483 N.W.2d 515 (Minn.App. 1992)
Opal A. KOHNER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C0-91-1564.Minnesota Court of Appeals. April 14, 1992. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 516 Syllabus by the Court 1. The Commissioner of Public Safety may cancel a driver’s license without examination of the driver upon receipt of […]
DECKER v. VON HANSON MEATS MORE, A05-281 (Minn.App. 11-15-2005)
James M. Decker, Relator, v. Von Hanson Meats More, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A05-281.Minnesota Court of Appeals. Filed November 15, 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. […]
SCHERER v. HANSON, 270 N.W.2d 23 (Minn. 1978)
Wilfred SCHERER, Respondent, v. George HANSON, III, Appellant, James Richards, Appellant. No. 48373.Supreme Court of Minnesota. August 25, 1978. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Rischmiller, Wasche Knippel, Minneapolis, David Nord, St. Paul, for Hanson. Popham, Haik, Schnobrich, Kaufman Doty and Frederick S. Richards and Clifford M. Greene, Minneapolis, for Richards. […]
ENGVALL v. SOO LINE RAILROAD COMPANY, 617 N.W.2d 444 (Minn.App. 2000)
James J. Engvall, Plaintiff, vs. Soo Line Railroad Company d/b/a Canadian Pacific Railway Company, defendant and third-party plaintiff, petitioner, Appellant, vs. General Motors Corporation, a foreign corporation, third-party defendant, Respondent. No. C6-99-64.Minnesota Court of Appeals. Filed September 26, 2000. Hennepin County District Court, File No. 975496. Page 445 SYLLABUS The Locomotive Inspection Act, codified as […]
MILWAUKEE MUT. INS. CO. v. CITY OF MINNEAPOLIS, 307 Minn. 301 (1976)
239 N.W.2d 472 MILWAUKEE MUTUAL INSURANCE COMPANY v. CITY OF MINNEAPOLIS AND OTHERS. No. 45459.Supreme Court of Minnesota. February 27, 1976. Insurance — homeowners policy — coverage for injuries caused by insured — accident occurring before insured went on duty. A finding of the lower court that activities of police officers at the police station […]
STATE v. KOPERSKI, 611 N.W.2d 569 (Minn.App. 2000)
STATE of Minnesota, Appellant, v. Mark Anthony KOPERSKI, Respondent. No. CX-99-2044.Minnesota Court of Appeals. June 6, 2000. Appeal from the District Court, Olmsted County, James L. Mork, J. Syllabus by the Court 1. Under Minn. R.Crim. P. 27.03, subd. 9, the trial court has the discretion to modify a sentence inconsistent with law. 2. In […]
STATE v. ZIMMER, 487 N.W.2d 886 (Minn. 1992)
STATE of Minnesota, Respondent, v. Henry Sylvester ZIMMER, Petitioner, Appellant. No. C2-91-500.Supreme Court of Minnesota. August 7, 1992. Appeal from the District Court, Anoka County, Spencer J. Sokolowski, J. Syllabus by the Court The trial court did not err in refusing to admit into evidence the Code of Canon Law, which appellant offered as relevant […]
ALLSTATE INS. CO. v. TATE, 389 N.W.2d 512 (Minn.App. 1986)
ALLSTATE INSURANCE COMPANY, Respondent, v. Charlene TATE, et al., Defendants, Melvin L. Freeman, Jr., a minor by and on Behalf of his mother and natural guardian, Sharon L. Freeman, individually, Melvin L. Freeman, Sr., Appellants. No. C3-85-2148.Minnesota Court of Appeals. June 10, 1986. Appeal from the District Court, Ramsey County, Stephen L. Maxwell, J. Syllabus […]
STATE v. FERBER, A05-809 (Minn.App. 4-18-2006)
State v. Jeannine Claire Ferber. No. A05-809.Minnesota Court of Appeals. Filed April 18, 2006. ORDER ON PETITION FOR FURTHER REVIEW Denied.
HIRT v. LEADER HARDWARE FURNITURE STORE, 309 Minn. 572 (1976)
244 N.W.2d 269 GILBERT J. HIRT v. LEADER HARDWARE FURNITURE STORE AND ANOTHER. No. 46383.Supreme Court of Minnesota. July 9, 1976. Workers’ compensation — review — award made on second claim petition — propriety. Certiorari upon the relation of Leader Hardware Furniture Store, employer, and American Hardware Mutual Insurance Company, its insurer, to review a […]
FLOODWOOD-FINE LAKES, ETC. v. MINN.E. Q. C., 287 N.W.2d 390 (Minn. 1979)
FLOODWOOD-FINE LAKES CITIZENS GROUP, et al., Respondents, v. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Appellant (49181), Society Concerned About a Ravaged Environment, Inc. (SCARE, Inc.), Appellant (49203), and GREAT LAKES TRANSMISSION COMPANY, Respondent, v. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Appellant (49181), Society Concerned About a Ravaged Environment, Inc. (SCARE, Inc.), Appellant (49203). FLOODWOOD-FINE LAKES CITIZEN GROUP, et al., […]
JOHNSTON v. JORDAN, 193 Minn. 298 (1935)
258 N.W. 433 JANET JOHNSTON v. A. C. JORDAN AND ANOTHER.[1] No. 30,207.Supreme Court of Minnesota. January 18, 1935. [1] Reported in 258 N.W. 433. Automobile — operation — negligence — questions for jury. 1. The evidence made defendants’ negligence and plaintiff’s contributory negligence jury issues. Damages — not excessive. 2. The verdict cannot be […]
STATE v. RODRIGUEZ, A05-1583 (Minn.App. 10-3-2006)
State of Minnesota, Respondent, v. Antonio Rae Rodriguez, Appellant. No. A05-1583.Minnesota Court of Appeals. Filed October 3, 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 the Stearns […]
BURGHART v. SAUSELE, 169 Minn. 132 (1926)
210 N.W. 869 WM. H. BURGHART v. GEORGE SAUSELE.[1] No. 25,546.Supreme Court of Minnesota. November 12, 1926. [1] Reported in 210 N.W. 869. When maker of note is required to show bad faith of holder before proving his defense. 1. It is only where the holder of a promissory note has proven affirmatively that he […]
STATE v. OLSON, A07-0550 (Minn.App. 1-6-2009)
State of Minnesota, Respondent, v. Larry B. Olson, Appellant. No. A07-0550.Minnesota Court of Appeals. Filed January 6, 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 […]
STATE v. ANNIS, 308 Minn. 232 (1976)
241 N.W.2d 482 STATE v. CHARLES DAVID ANNIS. No. 45375.Supreme Court of Minnesota. April 23, 1976. Criminal law — burglary conviction — fairness of trial — adequacy of counsel. Defendant, found guilty of burglary on overwhelming evidence, was not denied a fair trial or effective assistance of counsel. Appeal by Charles David Annis from a […]
STATE v. WILLIAMS, A06-1011 (Minn.App. 9-11-2007)
State of Minnesota, Respondent, v. Thomas Arnell Williams, Appellant. No. A06-1011.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, subd. 3 (2006). Appeal from the District […]
PREUSSE v. ROBERT W. RAKOW CONST., A08-1542 (Minn.App. 8-4-2009)
Rodney Preusse, et al., Appellants, v. Robert W. Rakow Construction, Respondent. No. A08-1542.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 […]
WEIRICK v. THORNTON BROTHERS CO., 168 Minn. 465 (1926)
210 N.W. 399 JAMES E. WEIRICK v. THORNTON BROTHERS COMPANY.[1] No. 25,492.Supreme Court of Minnesota. October 15, 1926. [1] Reported in 210 N.W. 399. Questions of fact for jury and under evidence they might render verdict for plaintiff. Under the evidence, whether defendant was negligent, whether its negligence caused the physical injury of which plaintiff […]
STATE v. THRUNE, A04-2469 (Minn.App. 7-31-2007)
State of Minnesota, Respondent, v. Sara Jane Thrune, Appellant. No. A04-2469.Minnesota Court of Appeals. Filed July 31, 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 […]
STATE v. GARCIA, C0-00-21 (Minn.App. 12-12-2000)
State of Minnesota, Respondent, vs. David Nicholas Garcia, Appellant. No. C0-00-21.Minnesota Court of Appeals. Filed December 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 (1998). Appeal from the District […]
KNUTSON v. FARMERS CO-OPERATIVE CREAMERY, 180 Minn. 116 (1930)
230 N.W. 270 LeROY KNUTSON v. FARMERS CO-OPERATIVE CREAMERY OF JENKINS.[1] No. 27,841.Supreme Court of Minnesota. April 11, 1930. [1] Reported in 230 N.W. 270. Collision with parked truck — questions for jury. 1. In this action to recover damages resulting from running into defendant’s truck, parked unlighted after dark on the traveled portion of […]
IN MATTER OF THE CLAIM FOR BENEFITS BY KLEIN, A07-2198 (Minn.App. 11-4-2008)
In the Matter of the Claim for Benefits by Richard L. Klein. No. A07-2198.Minnesota Court of Appeals. Filed November 4, 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 […]
GEHRKE v. McCABE’S ACE HARDWARE, INC., C4-01-1408 (Minn.App. 1-8-2002)
GERALD GEHRKE, APPELLANT, v. McCABE’S ACE HARDWARE, INC., ET AL., RESPONDENTS. No. C4-01-1408Minnesota Court of Appeals. Filed January 8, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the District Court, Brown County, File No. C700288. Patrick A. Lowther, (for appellant) Mark Ullery, (for respondents) Considered and decided by […]
HANSEN BY HANSEN v. SMITH, 373 N.W.2d 349 (Minn.App. 1985)
Scott HANSEN, infant by his guardian ad litem, Veronica HANSEN, Appellant, v. Dr. G.R. SMITH, et al., Respondents. No. C7-84-2126.Minnesota Court of Appeals. August 20, 1985. Appeal from the District Court, McLeod County, M. Eugene Atkins, J. Page 350 Syllabus by the Court The trial court properly excluded appellant’s impeachment evidence. Robert W. Rischmiller, Minneapolis, […]
IN RE SAUK RAPIDS AGAINST MILLER, A08-1092 (Minn.App. 7-21-2009)
In the Matter of: Appeal of Special Assessment Adopted by the City of Sauk Rapids against James W. Miller. No. A08-1092.Minnesota Court of Appeals. Filed July 21, 2009. Page 1 [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 […]
LEE v. LAKE AREA BANK, C0-00-102 (Minn.App. 9-26-2000)
Joseph Lee, et al., Appellants, vs. Lake Area Bank, et al., Defendants, Francis Motzko, Respondent, Arlys Reynolds, Respondent. No. C0-00-102Minnesota Court of Appeals. Filed September 26, 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. […]
MURPHY MOTOR FREIGHT LINES v. WITTE TRANS. CO., 307 Minn. 444 (1976)
239 N.W.2d 926 MURPHY MOTOR FREIGHT LINES, INC. v. WITTE TRANSPORTATION COMPANY AND ANOTHER. No. 45305.Supreme Court of Minnesota. March 19, 1976. Public Service Commission — review — propriety of order granting certificate of public convenience and necessity — challenge to order requiring carrier to cancel rates. Appeal by Murphy Motor Freight Lines, Inc., to […]
DACEY v. DACEY, 179 Minn. 520 (1930)
229 N.W. 868 WALTER FRANCIS DACEY v. LOIS TROTT DACEY.[1] No. 27,764.Supreme Court of Minnesota. March 14, 1930. [1] Reported in 229 N.W. 868. Application for change of children’s custody denied. Plaintiff and defendant were divorced. The decree awarded the children to plaintiff. An application to amend it by awarding them to defendant was denied. […]
BENASSI v. BACK NECK PAIN CLINIC, 629 N.W.2d 475 (Minn.App. 2001)
Gina M. Benassi, Appellant, vs. Back Neck Pain Clinic, Inc., Respondent, Randy S. Miland, individually, Respondent. No. C9-01-75.Minnesota Court of Appeals. Filed July 10, 2001. Appeal from the District Court, Washington County, File No. C8973703, Elizabeth Martin, J. Page 476 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
STATE v. JACKSON, C2-99-353 (Minn. 10-21-1998)
State v. Tahsha Patrice Jackson No. C2-99-353.Supreme Court of Minnesota. October 21, 1998. Denied
BYRON v. POPHAM, 174 Minn. 61 (1928)
218 N.W. 163 JOHN M. BYRON v. ERNEST A. POPHAM.[1] No. 26,594.Supreme Court of Minnesota. March 2, 1928. [1] Reported in 218 N.W. 163. Verdict for plaintiff sustained. 1. The evidence sustains the verdict that the property involved was the property of plaintiff’s intestate at the time of her death. When witness had referred to […]
STATE v. MURPHY, 545 N.W.2d 909 (Minn. 1996)
STATE of Minnesota, Respondent, v. John Patrick MURPHY, Petitioner, Appellant. No. C3-94-1931.Supreme Court of Minnesota. April 12, 1996. Review of Court of Appeals. Appeal from the District Court, Hennepin County. Page 910 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 911 Syllabus […]
STATE v. YANG, A04-1274 (Minn.App. 4-26-2005)
State of Minnesota, Respondent, v. Khang Yang, Appellant. No. A04-1274.Minnesota Court of Appeals. Filed April 26, 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 District Court, […]
VIKING INSURANCE CO. v. CLAYBURN, CX-97-371 (Minn.App. 7-15-1997)
VIKING INSURANCE COMPANY, Appellant, v. OTIS CLAYBURN, ET AL., Respondents. No. CX-97-371.Minnesota Court of Appeals. Filed July 15, 1997. [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 […]
CHANG v. STATE, A08-0283 (Minn.App. 2-10-2009)
Bee Chue Chang, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-0283.Minnesota Court of Appeals. Filed February 10, 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 […]
McCLAIN v. CITY OF DULUTH, 163 Minn. 198 (1925)
203 N.W. 776 LOTTIE McCLAIN v. CITY OF DULUTH.[1] No. 24,559.Supreme Court of Minnesota. May 8, 1925. [1] Reported in 203 N.W. 776. Ridges of slippery ice on sidewalk. 1. The evidence warranted the jury in finding that there were ridges of ice on a sidewalk on which plaintiff slipped and fell. Statutory notice of […]
STATE v. IVES, C1-02-1716 (Minn.App. 4-29-2003)
State of Minnesota, Respondent, v. Robert Allen Ives, Appellant. No. C1-02-1716.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 District […]
PETERSON v. DONAHUE, 733 N.W.2d 790 (Minn.App. 2007)
Neal PETERSON, a minor, By and Through his parent and natural guardian, Wanda PETERSON, et al., Appellants, v. David DONAHUE, Respondent. No. A06-1824.Minnesota Court of Appeals. June 26, 2007. Appeal from the District Court, Washington County. SYLLABUS Generally, the doctrine of primary assumption of the risk operates to preclude claims of skiers injured by colliding […]
YONAK v. SEVERSON, A05-154 (Minn.App. 12-6-2005)
Kevin L. Yonak, et al., Appellants, v. Larry S. Severson, et al., Respondents. No. A05-154.Minnesota Court of Appeals. Filed December 6, 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). […]
IN RE WELFARE OF D.M.: M.M., C7-02-1140 (Minn.App. 1-28-2003)
In Re the Welfare of: D.M.: M.M., petitioner, Respondent, v. J.M., Appellant. No. C7-02-1140.Minnesota Court of Appeals. Filed January 28, 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 […]
JOHNSON v. O.B. OF MINNEAPOLIS, C0-97-1321 (Minn.App. 12-30-1997)
DONALD D. JOHNSON, AS TRUSTEE FOR THE HEIRS AND NEXT OF KIN OF LYNN ELLEN JOHNSON, DECEDENT, Plaintiff, v. O.B. OF MINNEAPOLIS, INC., d/b/a O’BRIEN SHEET METAL, Appellant, BOYER FORD TRUCKS, INC., Respondent, AND PARIS LEA BURNS, Plaintiff, v. O’BRIEN SHEET METAL, Appellant, BOYER FORD TRUCKS, INC., Respondent. No. C0-97-1321.Minnesota Court of Appeals. Filed December […]
BARKHUDAROV v. FAIRVIEW HEALTH SERVICES, A09-1508 (Minn.App. 3-30-2010)
Vladimir A. Barkhudarov, Appellant, v. Fairview Health Services, Respondent. No. A09-1508.Minnesota Court of Appeals. Filed: March 30, 2010. Appeal from the District Court, Hennepin County, Hon. Mary E. Steenson DuFresne. RECENT ORDER OPINIONS DAVID MINGE, Judge. Affirmed. Page 1
RIEMAN v. JOUBERT, 376 N.W.2d 681 (Minn. 1985)
William C. RIEMAN, Jr., Respondent, v. Jarrel D. JOUBERT, Petitioner, Appellant. No. C3-84-1412.Supreme Court of Minnesota. November 15, 1985. Appeal from the District Court, Hennepin County, Richard Kantorowicz, J. Page 682 Syllabus by the Court 1. Defendant’s service of motion papers for amended findings is not service of a notice of filing of the trial […]
STATE v. LANDHERR, 542 N.W.2d 686 (Minn.App. 1996)
STATE of Minnesota, Plaintiff, v. Joseph Peter LANDHERR, Defendant. No. C2-95-1638.Minnesota Court of Appeals. January 30, 1996. Review Denied March 19, 1996. Appeal from the District Court, Fillmore County, Clement H. Snyder, Jr., J. Syllabus by the Court An individual who discharges a firearm and injures a person while negligently believing he is shooting at […]
SANCHEZ v. STATE, A09-2195 (Minn.App. 7-20-2010)
Jorge Alberto Sanchez, a/k/a Jorge Alberto Sanchez-Reyes, petitioner, Appellant, v. State of Minnesota, Respondent. No. A09-2195.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 […]
STATE v. TAYLOR, 650 N.W.2d 190 (Minn. 2002)
State of Minnesota, Respondent, vs. Robert Marlyn Taylor, Appellant. No. C9-01-741.Supreme Court of Minnesota. Filed: August 30, 2002. Appeal from the District Court, Hennepin County, Harvey Ginsberg, J. Page 191 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 192 [EDITORS’ NOTE: THIS […]
ULRICH v. MINN. BOX. WREST. CLUB, INC., 268 Minn. 328 (1964)
129 N.W.2d 288 CARL ULRICH v. MINNEAPOLIS BOXING AND WRESTLING CLUB, INC. AND OTHERS. Nos. 38,984, 38,985.Supreme Court of Minnesota. June 12, 1964. Negligence — spectator injured at wrestling match — liability of promoters. Plaintiff, a spectator at a wrestling match, was injured when the referee, en route to the dressing room after the exhibition, […]
F. TRU. SAV. BK. v. U.S. FID. GUA., 163 Minn. 168 (1925)
203 N.W. 612 FIRST TRUST AND SAVINGS BANK AS ADMINISTRATOR d.b.n. OF ESTATE OF ROBERT PETERMAN, DECEASED v. UNITED STATES FIDELITY GUARANTY COMPANY.[1] No. 24,634.Supreme Court of Minnesota. May 1, 1925. [1] Reported in 203 N.W. 612. District court without jurisdiction over accounts of administrators, except upon appeal. 1. The probate courts have exclusive jurisdiction […]
STATE v. LOPRETE, A06-773 (Minn.App. 4-3-2007)
State of Minnesota, Respondent, v. Frank Anthony Loprete, Sr., Appellant. No. A06-773.Minnesota Court of Appeals. Filed: April 3, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the District Court, Dakota County, File No. K9-04-293. Lori Swanson, Attorney General, and James C. Backstrom, Dakota County Attorney, Thomas Lockhart, Special […]
SCOTT v. CHRYSLER-PLYMOUTH-DODGE, C4-99-161 (Minn. 11-17-1999)
Raymond Scott v. Forest Lake Chrysler-Plymouth-Dodge. No. C4-99-161.Supreme Court of Minnesota. November 17, 1999. Granted
IN RE CIURLEO v. CIURLEO, C4-01-453 (Minn.App. 9-1-2001)
In Re the Marriage of: Ciurleo v. Ciurleo. No. C4-01-453.Minnesota Court of Appeals. September 1, 2001. Appeal from the District Court, St. Louis County, Amundson, J. Hon. Mark A. Munger Affirmed
FINLEY v. IND. SCHOOL DIST. NO. 566, ASKOV, 359 N.W.2d 749 (Minn.App. 1985)
In the Matter of Unrequested Leave of Absence of: Principal Ambbia FINLEY, Relator, v. INDEPENDENT SCHOOL DISTRICT NO. 566, ASKOV, Minnesota, Respondent. No. C0-84-1254.Minnesota Court of Appeals. January 8, 1985. Page 750 Syllabus by the Court Before a continuing contract employee may be placed on unrequested leave of absence a school board must take specific […]
KALPIN v. HELGESON, 254 N.W.2d 378 (Minn. 1977)
Wayne KALPIN, et al., Respondents, v. Lowell HELGESON, Appellant. No. 46684.Supreme Court of Minnesota. May 13, 1977. Appeal from the District Court, Stearns County, Paul Hoffman, J. Page 379 Quinlivan Williams and Richard R. Quinlivan, St. Cloud, for appellant. Pearson Lanoue and R. P. Pearson, St. Cloud, for respondents. Heard before SHERAN, C. J., and […]
SEATON v. SCOTT COUNTY, 404 N.W.2d 396 (Minn.App. 1987)
Terry M. SEATON, Appellant, v. The COUNTY OF SCOTT, Respondent. No. C8-86-1751.Minnesota Court of Appeals. April 28, 1987. Review Denied June 25, 1987. Appeal from the District Court, Scott County, John M. Fitzgerald, J. Page 397 Syllabus by the Court 1. Design of road and bridges are discretionary acts entitling a municipality to immunity, absent […]
HEIDBREDER v. CARTON, 645 N.W.2d 355 (Minn. 2002)
Dale “J.R.” Heidbreder, petitioner, Appellant, vs. Kathleen Jean Carton, a/k/a Katie Carton, a/k/a Kate Carton, Respondent, M.J.P., et al., Respondents. No. C0-01-739.Supreme Court of Minnesota. Filed: June 13, 2002. Appeal from the Minnesota Court of Appeals, Toussaint, C.J. Page 356 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
FIDELITY DEPOSIT CO. OF MARYLAND v. RIOPELLE, 298 Minn. 417 (1974)
216 N.W.2d 674 FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. WILFRED J. RIOPELLE. No. 44025.Supreme Court of Minnesota. March 1, 1974. Title registration — proceedings subsequent to initial registration — defenses available. 1. Proceedings subsequent to initial registration under Minnesota’s registration of title statutes are summary in nature and only those defects which appear on […]
DALE v. FILLENWORTH, 282 Minn. 7 (1968)
162 N.W.2d 234 ALFRED DALE v. G. J. FILLENWORTH AND ANOTHER. No. 41019.Supreme Court of Minnesota. November 1, 1968. Contracts — executory contract — anticipatory breach — rights of nonbreaching party. 1. An anticipatory breach of an executory contract gives the nonbreaching party the right to rescind the contract and sue upon quantum meruit for […]
STATE v. DIAZ-ORELLANA, A09-1842 (Minn.App. 10-19-2010)
State of Minnesota, Respondent, v. Manuel De Jesus Diaz-Orellana, Appellant. No. A09-1842.Minnesota Court of Appeals. Filed October 19, 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 the […]
GRIMES v. STATE, A10-613 (Minn.App. 1-18-2011)
Martell Grimes, petitioner, Appellant, v. State of Minnesota, Respondent. No. A10-613.Minnesota Court of Appeals. Filed January 18, 2011. Page 1 [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 […]
LaRUE IRON MINING CO. v. VILLAGE OF NASHWAUK, 176 Minn. 117 (1928)
222 N.W. 527 LARUE IRON MINING COMPANY AND OTHERS v. VILLAGE OF NASHWAUK AND OTHERS.[1] No. 27,199.Supreme Court of Minnesota. December 21, 1928. [1] Reported in 222 N.W. 527. When appeal cannot be taken. 1. No appeal lies from an order denying a motion to vacate or modify a judgment, the ground of the motion […]
MYERS v. VILLARD CREAMERY CO., 189 Minn. 244 (1933)
248 N.W. 824 HUGH MYERS v. VILLARD CREAMERY COMPANY AND ANOTHER.[1] No. 29,470.Supreme Court of Minnesota. June 9, 1933. [1] Reported in 248 N.W. 824. Workmen’s compensation act — employe. A blacksmith, who at times was called to make repairs in relator’s creamery and at other times to do the ordinary work in the operation […]
STATE v. ZIMMERMAN, C0-00-181 (Minn.App. 11-7-2000)
State of Minnesota, Respondent, vs. Henry John Zimmerman, Appellant. No. C0-00-181.Minnesota Court of Appeals. Filed November 7, 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 (1998). Appeal from the District […]
OZANGAR v. WALGREEN, A08-1675 (Minn.App. 7-14-2009)
Christinna Ozangar, Relator, v. Walgreen, Respondent, Department of Employment and Economic Development, Respondent. No. A08-1675.Minnesota Court of Appeals. Filed July 14, 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). […]
STATE v. ZIMMERMAN, A09-1485 (Minn.App. 5-25-2010)
State of Minnesota, Respondent, v. Jeremy Shane Zimmerman, Appellant. No. A09-1485.Minnesota Court of Appeals. Filed May 25, 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 District Court, […]
IXI LAB, INC. v. FIRST BANK NAT. ASS’N, 483 N.W.2d 84 (Minn.App. 1992)
IXI LABORATORIES, INC., Appellant (C5-91-1883), Qwix Media Shops Depots, Inc., Appellant (C7-91-1884), v. FIRST BANK NATIONAL ASSOCIATION, f/k/a First National Bank of Minneapolis, Respondent. Nos. C5-91-1883, C7-91-1884.Minnesota Court of Appeals. March 31, 1992. Review Denied May 21, 1992. Appeal from the District Court, Hennepin County, Delila F. Pierce, J. Syllabus by the Court Bank customer […]
ARCHER v. STATE, A04-2280 (Minn. 10-26-2005)
Arden J. Archer v. State. No. A04-2280.Supreme Court of Minnesota. Filed October 26, 2005. Order on petition for further review Denied.
COADY v. JUREK, 366 N.W.2d 715 (Minn.App. 1985)
Aime L. COADY, Petitioner, Appellant, v. Jeannine Mary JUREK, etc., et al., Respondents. No. C3-84-1877.Minnesota Court of Appeals. April 30, 1985. Review Denied June 27, 1985. Appeal from the District Court, Hennepin County, Kenneth Jack Gill, J. Page 716 Syllabus by the Court 1. The order of a trial judge confirming a referee’s decision is […]
STATE v. WILLIAMS, C5-99-539 (Minn.App. 1-18-2000)
State of Minnesota, Respondent, v. Robert D. Williams, Jr., Appellant. No. C5-99-539.Minnesota Court of Appeals. Filed January 18, 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 (1998). Appeal from the District […]
METRO. SPORTS FAC. COM’N v. GENERAL MILLS, 470 N.W.2d 118 (Minn. 1991)
METROPOLITAN SPORTS FACILITIES COMMISSION, Respondent, v. GENERAL MILLS, INC., Appellant. No. C1-90-123.Supreme Court of Minnesota. May 31, 1991. Appeal from the District Court, Hennepin County, Deborah Hedlund, J. Page 119 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 120 Syllabus by the […]
WRIGHT v. MOHS, 364 N.W.2d 848 (Minn.App. 1985)
Lili WRIGHT, Respondent, v. Daniel M. MOHS, Appellant. No. C8-84-1762.Minnesota Court of Appeals. March 26, 1985. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 849 Syllabus by the Court The trial court erred in giving a foreign judgment full faith and credit where the foreign court did not have personal jurisdiction over […]
STATE v. NUTT, 381 N.W.2d 480 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Patrick Wayne NUTT, Respondent. No. C3-85-2070.Minnesota Court of Appeals. February 11, 1986. Review Denied March 27, 1986. Appeal from the District Court, Olmsted County, Roger Plunkett, J. Page 481 Syllabus by the Court 1. The trial court abused its discretion in suppressing the admission of Spreigl evidence regarding a similar […]