NORTH CENTRAL LIFE INSURANCE COMPANY, Respondent, v. Edward J. ERNST, Appellant. No. C3-85-1369.Minnesota Court of Appeals. March 11, 1986. Page 398 Syllabus by the Court 1. Because there is evidence in the record to support the trial court’s findings, the findings are not clearly erroneous. 2. The language of an insurance contract is ambiguous only […]
Category: Minnesota Court Opinions
VOGEL v. CARRIER, A07-2386 (Minn.App. 3-10-2009)
James Mark Vogel, petitioner, Appellant, v. Vicky Lynn Carrier, Respondent. No. A07-2386.Minnesota Court of Appeals. Filed March 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
ASTLEFORD EQUIPMENT v. NAVISTAR INTL. TR., 632 N.W.2d 182 (Minn. 2001)
Astleford Equipment Co., Inc., petitioner, Appellant, vs. Navistar International Transportation Corp., a Delaware corporation, Respondent. No. C5-99-1612.Supreme Court of Minnesota. Filed: July 19, 2001 Appeal from the District Court, Hennepin County, Robert Lynn, J. Page 183 SYLLABUS A substantial change in the competitive circumstances of a truck dealership agreement under Minn. Stat. § 325E.0681, subd. […]
MILLER v. ANDERSON, 394 N.W.2d 279 (Minn.App. 1986)
Paul K. MILLER, Respondent, v. Warren Mixer ANDERSON, a.k.a. Warren M. Anderson, et al., Appellants. Victoria State Bank, et al., Defendants. No. C8-86-583.Minnesota Court of Appeals. October 14, 1986. Appeal from the District Court, Hennepin County, Patrick W. Fitzgerald, J. Page 280 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
DAMMANN v. DAMMANN, 351 N.W.2d 651 (Minn.App. 1984)
In re the Marriage of Jerrilyn Sue DAMMANN, petitioner, Respondent, v. Leo Frederick DAMMANN, Appellant. No. C0-83-1986.Minnesota Court of Appeals. June 26, 1984. Appeal from the County Court, Wabasha County, Dennis H. Weber, J. Syllabus by the Court Where no unfair hardship appears on the record, the trial court improperly invaded nonmarital assets of one […]
PETERSON v. NORTHWEST AIRLINES, A07-1704 (Minn. 10-1-2008)
Gregory S. Peterson v. Northwest Airlines, Department of Employment and Economic Development. No. A07-1704.Supreme Court of Minnesota. Filed October 1, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. WARR, A08-1710 (Minn. 1-19-2010)
State v. William A. Warr. No. A08-1710.Supreme Court of Minnesota. Filed January 19, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. R.M.H., 602 N.W.2d 411 (Minn.App. 1999)
State of Minnesota, Respondent, v. R.M.H., Appellant. No. C0-99-559.Minnesota Court of Appeals. Filed November 16, 1999. Review Granted January 18, 2000. Becker County District Court, File No. J59850626. Reversed SYLLABUS The state lacks subject matter jurisdiction to prosecute an enrolled member of one Indian tribe for speeding and driving without a license on the reservation […]
IN RE ZAK, 630 N.W.2d 427 (Minn. 2001)
In Re Petition for Disciplinary Action against Timothy Jay Zak, an Attorney at Law of the State of Minnesota. No. C3-98-1923.Supreme Court of Minnesota. Dated: July 26, 2001 ORDER On August 31, 1999, this Court reinstated respondent Timothy Jay Zak to the practice of law following a 3-month suspension and placed him on supervised probation […]
MATTER OF REINSTATEMENT OF WERSAL, 425 N.W.2d 823 (Minn. 1988)
In re Matter of the Application for REINSTATEMENT OF Mark Elliot WERSAL, an Attorney at Law of the State of Minnesota. No. C1-80-50969.Supreme Court of Minnesota. July 6, 1988. ORDER The respondent above named was suspended from the practice of law by order of this court dated February 15, 1984, for a two-year period. The […]
VETTER v. SECURITY CONTINENTAL INS. CO., C3-96-374 (Minn.App. 8-13-1996)
WILLARD O. VETTER, AS TRUSTEE FOR VETTER STONE EMPLOYEES SAVINGS AND RETIREMENT PLAN, ET AL., Plaintiffs, v. SECURITY CONTINENTAL INSURANCE COMPANY, A DELAWARE LIFE INSURANCE COMPANY (f/k/a INTER-AMERICAN INSURANCE COMPANY OF DOVER, DELAWARE), ET AL., Defendants, Appellants. SECURITY CONTINENTAL INSURANCE COMPANY, A DELAWARE CORPORATION, Defendant and Cross Claimant, v. RAYMOND G. ANKER, ET AL., Defendants […]
WELCH v. AMERIPRISE FINANCIAL, INC., A09-2295 (Minn.App. 8-24-2010)
Kathleen C. Welch, as trustee for the heirs and next of kin of Terry Gene Welch, decedent, Appellant, v. Ameriprise Financial, Inc., et al., Respondents. No. A09-2295.Minnesota Court of Appeals. Filed August 24, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
PHAY v. STATE, C5-96-106 (Minn.App. 12-17-1996)
Se Phay, petitioner, Appellant, vs. State of Minnesota, Respondent. No. C5-96-106.Minnesota Court of Appeals. Filed December 17, 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 (1996). Appeal from the District […]
JACOBSON v. ROCHESTER COMMUNICATIONS, 410 N.W.2d 830 (Minn. 1987)
Donald D. JACOBSON, Respondent, v. ROCHESTER COMMUNICATIONS CORPORATION, INC., d.b.a KWEB Radio Station, Appellant. No. C9-87-442Supreme Court of Minnesota. August 21, 1987. Appeal from the District Court, Olmsted County, Lawrence Agerter, J. Page 831 Syllabus by the Court Respondent is a private individual, not a limited purpose public figure, for purposes of this defamation action, […]
STATE v. MOORE, A06-2346 (Minn. 6-18-2008)
State v. Damon Moore. No. A06-2346.Supreme Court of Minnesota. Filed June 18, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
WSCHOLA v. SNYDER, 478 N.W.2d 225 (Minn.App. 1991)
Debbie Joy WSCHOLA, Appellant, v. Margaret SNYDER, et al., Respondents. No. C0-91-690.Minnesota Court of Appeals. December 10, 1991. Review Denied February 10, 1992. Appeal from the District Court, Dakota County, Gerald W. Kalina, J. Page 226 Syllabus by the Court A legislative expansion of the Minnesota Human Rights Act statute of limitations applies to existing […]
STATE v. CRUME, C9-99-1807 (Minn.App. 8-22-2000)
State of Minnesota, Respondent, v. Russel Crume, Appellant. No. C9-99-1807.Minnesota Court of Appeals. Filed August 22, 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 Court, […]
STATE v. KUHNAU, 622 N.W.2d 552 (Minn. 2001)
State of Minnesota, Respondent, vs. Timothy Warren Kuhnau, petitioner, Appellant. No. C2-99-160.Supreme Court of Minnesota. Filed: March 1, 2001 Appeal from the Court of Appeals. Page 553 SYLLABUS When the jury instructions in this case are viewed in their entirety, the district court abused its discretion by refusing the defendant’s request to include within the […]
MILLER v. TONGEN, 281 Minn. 427 (1968)
161 N.W.2d 686 EUGENE D. MILLER v. LYLE A. TONGEN, M. D. No. 40,930.Supreme Court of Minnesota. September 27, 1968. Physicians and surgeons — malpractice action — refusal to direct verdict for plaintiff — propriety. 1. It was not error to deny a motion for a directed verdict in favor of plaintiff at the conclusion […]
FIDELITY CASUALTY CO. v. ALLSTATE INS. CO., 275 Minn. 316 (1966)
146 N.W.2d 869 FIDELITY AND CASUALTY COMPANY OF NEW YORK v. ALLSTATE INSURANCE COMPANY. No. 39,807.Supreme Court of Minnesota. December 2, 1966. Insurance — automobile liability insurance — coverage — damages not caused by ownership, maintenance, or use of truck. Damages caused by a rotating auger used to convey soybeans from a temporary receptacle to […]
OANES v. ALLSTATE INS. CO., C5-99-704 (Minn.App. 10-19-1999)
Patricia Frances Oanes, et al., Appellants, v. Allstate Insurance Company, Respondent. No. C5-99-704.Minnesota Court of Appeals. Filed October 19, 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 […]
NORTHLAND INS. v. CONTINENTAL W. INS., 550 N.W.2d 298 (Minn.App. 1996)
NORTHLAND INSURANCE COMPANY, Respondent, v. CONTINENTAL WESTERN INSURANCE COMPANY, Appellant. No. C0-96-210.Minnesota Court of Appeals. June 25, 1996. Appeal from the District Court, Ramsey County, Charles A. Flinn, Jr., J. Page 299 Syllabus by the Court When “other insurance” clauses in overlapping insurance policies provide a clear and consistent answer as to allocation of primary […]
DEGE v. PRODUCE EXCHANGE BANK, 212 Minn. 44 (1942)
2 N.W.2d 423 CARL H. DEGE v. PRODUCE EXCHANGE BANK OF ST. PAUL.[1] No. 32,958.Supreme Court of Minnesota. February 6, 1942. [1] Reported in 2 N.W.2d 423. Bank and banking — evidence as to usurious transaction with bank. 1. Inferences reasonably to be drawn from circumstantial evidence justified a finding that transaction alleged to be […]
VALLEY OIL v. 2002 CHEVY TAHOE, A08-338 (Minn. 3-31-2009)
Valley Oil, Inc. v. 2002 Chevy Tahoe, VIN: 1GNEK13212J222521 MN License Plate #NUW688. No. A08-338.Supreme Court of Minnesota. Filed March 31, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
HARMAN v. HEARTLAND FOOD COMPANY, 614 N.W.2d 236 (Minn.App. 2000)
Mark Harman, Respondent, vs. Heartland Food Company et al., Appellants. No. C5-99-1805.Minnesota Court of Appeals. Filed July 18, 2000. Redwood County District Court, File No. C798450. Page 237 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 238 SYLLABUS 1. A statement that […]
STATE v. BURCH, A09-159 (Minn.App. 2-2-2010)
State of Minnesota, Respondent, v. Sammie Lee Burch, Appellant. No. A09-159.Minnesota Court of Appeals. Filed February 2, 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 District […]
STATE v. BABEY, A06-2425 (Minn.App. 7-15-2008)
State of Minnesota, Respondent, v. John Andrew Babey, Appellant. No. A06-2425.Minnesota Court of Appeals. Filed July 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 from the District […]
STATE v. OLSON, C6-99-579 (Minn.App. 12-14-1999)
State of Minnesota, Respondent, v. Anthony Olson, Appellant. No. C6-99-579.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 may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District Court, […]
CERMAK v. STATE, A06-1627 (Minn.App. 7-10-2007)
John Jerry Cermak, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-1627.Minnesota Court of Appeals. Filed: July 10, 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). Scott County District […]
IN RE MARRIAGE OF WASH-EVANS, C0-97-1285 (Minn.App. 2-10-1998)
In Re the Marriage of: Mande Wash-Evans, Respondent, v. Jon Olaf Evans, Appellant. No. C0-97-1285.Minnesota Court of Appeals. Filed February 10, 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). […]
IN RE UGGEN, 645 N.W.2d 84 (Minn. 2002)
In re Petition for Disciplinary Action against Steven John Uggen, an Attorney at Law of the State of Minnesota. No. C5-01-1434.Supreme Court of Minnesota. Filed: June 11, 2002 ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Steven John Uggen has committed professional misconduct […]
STATE EX REL. CITY OF ST. PAUL v. ST. PAUL CITY RY., 180 Minn. 329 (1930)
230 N.W. 809 STATE EX REL. CITY OF ST. PAUL v. ST. PAUL CITY RAILWAY COMPANY.[1] No. 27,794.Supreme Court of Minnesota. May 9, 1930. [1] Reported in 230 N.W. 809. Propriety of ordinance for extension of street car tracks. 1. An ordinance of the city of St. Paul requiring the construction of additional street car […]
STATE v. FARDAN, A08-0364 (Minn.App. 6-30-2009)
State of Minnesota, Respondent, v. Amani Fardan, Appellant. No. A08-0364.Minnesota Court of Appeals. Filed June 30, 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 Court, […]
IN RE CONDEMNATION OF LANDS OWNED BY LUHRS, 220 Minn. 129 (1945)
19 N.W.2d 77 IN RE PETITION OF J. A. A. BURNQUIST, ATTORNEY GENERAL, FOR CONDEMNATION OF LANDS OWNED BY FRANK F. LUHRS AND OTHERS. JOHN C. ANTL, INTERVENER-RESPONDENT. STATE, APPELLANT.[1] AFTER REARGUMENT.[2] No. 33,893.Supreme Court of Minnesota. June 1, 1945. [1] Reported in 19 N.W.2d 77. [2] Former opinion, officially filed October 13, 1944, but […]
MATTMILLER v. STATE, A04-2157 (Minn.App. 6-14-2005)
Rodney Allen Mattmiller, petitioner, Appellant, v. State of Minnesota, Respondent. No. A04-2157.Minnesota Court of Appeals. Filed June 14, 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 […]
MORTGAGE ONE, INC. v. NEWTON, A04-2384 (Minn.App. 11-8-2005)
Mortgage One, Inc., (Assignee of and Successor in Interest to Wells Fargo Home Mortgage, Inc.), Appellant, v. Michelle R. Newton, a/k/a Michelle R. Newton-Witkowski, Respondent. Theodore Witkowski, Respondent. John Doe, et al., Defendants. Nos. A04-2384, A05-312.Minnesota Court of Appeals. Filed November 8, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] […]
STATE v. HARDIMON, 310 N.W.2d 564 (Minn. 1981)
STATE of Minnesota, Respondent, v. Willie L. HARDIMON, Appellant. No. 51953.Supreme Court of Minnesota. October 2, 1981. Appeal from the District Court, Hennepin County, Crane Winton, J. Syllabus by the Court 1. Evidence was sufficient to prove intent to kill and premeditation. 2. Trial court properly concluded that facts did not support defendant’s contention that […]
STATE v. DEFOE, A06-2103 (Minn. 5-28-2008)
State v. Ohohshecha Defoe. No. A06-2103.Supreme Court of Minnesota. Filed May 28, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
BOYER v. VANDEKAMP, C3-96-475 (Minn.App. 7-30-1996)
JESACA BOYER, Appellant, v. JUDY VANDEKAMP, ET AL., Respondents. No. C3-96-475.Minnesota Court of Appeals. Filed July 30, 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 District […]
STATE v. TEW, A08-1007 (Minn. 12-15-2009)
State v. Robert Tew. No. A08-1007.Supreme Court of Minnesota. Filed December 15, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
BOYD v. CITY OF DULUTH, 164 Minn. 19 (1925)
204 N.W. 562 KATIE A. BOYD v. CITY OF DULUTH.[1] No. 24,573.Supreme Court of Minnesota. June 26, 1925. [1] Reported in 204 N.W. 562. Evidence showed sidewalk was defective in having ridges of ice. The evidence warranted the jury in finding that a sidewalk at the place where the plaintiff fell and was injured was […]
INTER-FAITH SOC. SERV. v. CTY. OF CARLTON, 376 N.W.2d 687 (Minn. 1985)
INTER-FAITH SOCIAL SERVICES, INC., Respondent, v. COUNTY OF CARLTON, Relator. No. C7-85-113.Supreme Court of Minnesota. November 22, 1985. Certiorari to Tax Court. Marvin E. Ketola, Carlton, for relator. Jay D. Christansen, Lyle G. Ward, Minneapolis, for respondent. Considered and decided by the court en banc without oral argument. AMDAHL, Chief Justice. Carlton County obtained a […]
IN MATTER OF THE WELFARE OF M.H., CX-99-1105 (Minn.App. 1-11-2000)
In the Matter of the Welfare of: M.H. No. CX-99-1105.Minnesota Court of Appeals. Filed January 11, 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 Court, […]
CITY OF DULUTH v. STATE, 390 N.W.2d 757 (Minn. 1986)
CITY OF DULUTH, Petitioner, Respondent, Lake Superior Paper Industries, Intervenor, Respondent, v. STATE of Minnesota, County of St. Louis, et al., Lower Court Respondents, Jeno F. Paulucci, et al., Appellants. No. C4-86-984.Supreme Court of Minnesota. August 1, 1986. Appeal from the District Court, St. Louis County. Page 758 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
PREUSSNER v. TIMMER, 414 N.W.2d 577 (Minn.App. 1987)
In Re the Marriage of Mary Louise (Timmer) PREUSSNER, Respondent, v. Wendell Dean TIMMER, Appellant. No. C7-87-732.Minnesota Court of Appeals. November 3, 1987. Appeal from the District Court, Stearns County, Bernard E. Boland, J. Page 578 Syllabus by the Court The trial court erred by concluding it need not consider any depreciation deductions when it […]
STATE v. DOLNEY, A04-1431 (Minn.App. 9-6-2005)
State of Minnesota, Respondent, v. Jacob Michael Dolney, Appellant. No. A04-1431.Minnesota Court of Appeals. Filed September 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). Appeal from the District […]
STATE v. REYNOSO, A04-242 (Minn. 6-28-2005)
State v. Juan Reynoso. No. A04-242.Supreme Court of Minnesota. June 28, 2005. Order on petition for further review Denied.
MINNESOTA BEST COOKIE v. FLOUR POT COOKIE, 412 N.W.2d 380 (Minn.App. 1987)
MINNESOTA BEST MAID COOKIE COMPANY, INC., Respondent, v. FLOUR POT COOKIE COMPANY, INC., et al., Appellants, and Ike’s Products, Inc., et al., Byron Erickson, et al., Respondents. No. C3-87-727.Minnesota Court of Appeals. September 22, 1987. Appeal from the District Court, Hennepin County, Robert Schiefelbein, J. Page 381 Syllabus by the Court 1. A motion to […]
SOUTOR v. STATE, 342 N.W.2d 175 (Minn.App. 1984)
Raymond Allen SOUTOR and Robert Votava, Appellants, v. STATE of Minnesota, Respondent. No. C8-83-2044.Minnesota Court of Appeals. January 11, 1984. Appeal from the District Court, Kandiyohi County, John C. Lindstrom, J. Marc Kurzman, Minneapolis, for appellants. Mike Lynch, Kandiyohi County Atty., Willmar, for respondent. Heard, considered and decided by POPOVICH, C.J., and FOLEY and SEDGWICK, […]
McMANUS v. INDEPENDENT SCHOOL DIST. NO. 625, 321 N.W.2d 891 (Minn. 1982)
John E. McMANUS, Jr., Petitioner, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 625, Respondent. No. 81-1148.Supreme Court of Minnesota. July 16, 1982. Rehearing Denied August 31, 1982. Appeal from the District Court, Ramsey County, Hyam Segell, J. Syllabus by the Court Under the Teacher Tenure Act for cities of the first class, Minn.Stat. § 125.17, subd. […]
STANGVIK v. GROTHE, C6-97-1775 (Minn.App. 3-17-1998)
Jennifer Stangvik, petitioner, Appellant, v. Jason Grothe, Respondent. No. C6-97-1775.Minnesota Court of Appeals. Filed March 17, 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 Court, […]
DOWNIE v. IND. SCHOOL DIST. NO. 141, 367 N.W.2d 913 (Minn.App. 1985)
James DOWNIE, Relator, v. INDEPENDENT SCHOOL DISTRICT NO. 141, Respondent. No. C8-84-1969.Minnesota Court of Appeals. May 21, 1985. Review Denied July 26, 1985. Appeal from the School Board. Page 914 Syllabus by the Court 1. There is substantial and competent evidence in the record to support the determination that the relator committed the alleged misconduct. […]
IN RE MOORE, 692 N.W.2d 446 (Minn. 2005)
In re PETITION FOR DISCIPLINARY ACTION AGAINST Yvonne B. MOORE, a Minnesota Attorney, Registration No. 74895. No. A04-215.Supreme Court of Minnesota. February 24, 2005. Page 447 SYLLABUS Public reprimand and 2 years supervised probation is appropriate discipline for an attorney who has previously been disciplined three times and who thereafter did not attend a hearing […]
FREUDE v. BERZINS, 379 N.W.2d 174 (Minn.App. 1985)
Georgianne FREUDE, Appellant, v. Cathy BERZINS, et al., Respondents. No. C9-85-713.Minnesota Court of Appeals. December 24, 1985. Appeal from the District Court, Hennepin County, C. William Sykora, J. Page 175 Syllabus by the Court The evidence in the record was sufficient to support the trial court’s determinations that respondent had a green arrow when she […]
GROSBERG v. LISTENING EAR CRISIS CTR., C6-98-1513 (Minn.App. 3-2-1999)
Patricia S. Grosberg, Appellant, v. Listening Ear Crisis Center Project, Inc., Respondent. No. C6-98-1513.Minnesota Court of Appeals. Filed March 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 (1996). Appeal […]
BOWEN v. BANKERS LIFE CO., 185 Minn. 35 (1931)
239 N.W. 774 H. L. BOWEN AND ANOTHER v. BANKERS LIFE COMPANY.[1] No. 28,626.Supreme Court of Minnesota. December 18, 1931. [1] Reported in 239 N.W. 774. Pleading — amendment. 1. Allowance at the trial of amendment of complaint held within discretion of trial judge. Mortgage — premature foreclosure — measure of damages. 2. By the […]
STATE v. MACK, A07-1114 (Minn.App. 8-19-2008)
State of Minnesota, Respondent, v. Solomon A.L. Mack, Appellant. No. A07-1114.Minnesota Court of Appeals. Filed August 19, 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 from the District […]
COMMISSIONER OF TAXATION v. BRUN, 286 Minn. 43 (1970)
174 N.W.2d 120 COMMISSIONER OF TAXATION v. FRANCIS N. BRUN AND ANOTHER. No. 41410.Supreme Court of Minnesota. January 23, 1970. Taxation — income tax — imposition on earnings of Indian from employment on Red Lake Reservation. Due to the unique status of enrolled members of the Red Lake Band of Chippewa Indians living on the […]
IN RE ESTATE OF FARLEY, 397 N.W.2d 409 (Minn.App. 1986)
In re ESTATE OF Alyce Elizabeth FARLEY. No. C1-86-909.Minnesota Court of Appeals. December 16, 1986. Appeal from the County Court, Murray County, John D. Holt, J. Syllabus by the Court 1. Notice of foreign probate under Minn.Stat. § 524.3-408 is not satisfied by courthouse posting in another state. 2. Constructive trust is proper remedy when […]
CLAUSEN v. CLAUSEN, 250 Minn. 293 (1957)
84 N.W.2d 675 LUELLA B. CLAUSEN v. FRANK CLAUSEN. No. 37,060.Supreme Court of Minnesota. July 26, 1957. Contempt — constructive contempt — imprisonment — requirements. 1. Under our statutes a person may not be placed in jail for constructive contempt unless that person has first appeared before the court and been examined. Same — failure […]
PREMIER INV. CO. INC. v. WESTERN SURETY CO., 177 Minn. 256 (1929)
225 N.W. 12 PREMIER INVESTMENT COMPANY, INC. v. WESTERN SURETY COMPANY AND OTHERS.[1] No. 27,182.Supreme Court of Minnesota. April 19, 1929. [1] Reported in 225 N.W. 12. Retaining the benefits of an unauthorized act ratifies the means by which they were obtained. 1. One who adopts the unauthorized act of another done in his behalf […]
STATE EX REL. HELMES v. DISTRICT COURT, 206 Minn. 357 (1939)
287 N.W. 875 STATE EX REL. LESLIE C. HELMES v. DISTRICT COURT OF RAMSEY COUNTY AND OTHERS.[1] No. 32,331.Supreme Court of Minnesota. November 24, 1939. [1] Reported in 287 N.W. 875. Automobile — action for injuries — venue. L. 1939, c. 148, relates to procedure, fixing venue in actions arising out of negligent driving, operation, […]
CONAGRA, INC. v. SEELAND, C6-00-315 (Minn.App. 10-3-2000)
ConAgra, Inc., Respondent, vs. Meldon Seeland, Appellant. No. C6-00-315.Minnesota Court of Appeals. Filed October 3, 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 Court, Hennepin […]
STATE v. LEMA, A09-2246 (Minn.App. 12-28-2010)
State of Minnesota, Respondent, v. Edisson Daniel Lema, Appellant. No. A09-2246.Minnesota Court of Appeals. Filed December 28, 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 District […]
PEOPLES NATIONAL BANK OF MORA v. BWHC, LLC, A09-2024 (Minn.App. 9-21-2010)
Peoples National Bank of Mora, Respondent, v. BWHC, LLC, et al., Defendants (A09-2024, A09-2204), Appellants (A09-2182), James E. Klapmeier, et al., Appellants (A09-2024), Defendants (A09-2182), Steven J. Klapmeier, et al., Appellants (A09-2204), and Klapmeier Lending Company, LLC, intervenor, Appellant (A09-2024), Klapmeier Lending Company, LLC, Intervenor (A09-2182, A09-2204). Nos. A09-2024, A09-2182, A09-2204.Minnesota Court of Appeals. Filed […]
LASKY v. SANDSTROM’S, A07-0426 (Minn.App. 4-15-2008)
Ross A. Lasky, Relator, v. Sandstrom’s, Respondent, Department of Employment and Economic Development, Respondent. No. A07-0426.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 […]
ITASCA COUNTY v. RODENZ, 268 N.W.2d 423 (Minn. 1978)
ITASCA COUNTY, Respondent, v. Harvey RODENZ, Appellant. No. 47862.Supreme Court of Minnesota. July 7, 1978. Appeal from the District Court, Itasca County, John A. Spellacy, J. Syllabus by the Court 1. The publication of the zoning ordinance for Itasca County was in substantial compliance with the statute. 2. Injunctive relief is proper where a building […]
STATE v. STEINKE, A06-1125 (Minn.App. 8-7-2007)
State of Minnesota, Respondent, v. Steven Orville Steinke, Appellant. No. A06-1125.Minnesota Court of Appeals. Filed: August 7, 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 […]
Foster v. State, A11-0104 (Minn. 10-26-2011)
Larry Joe Foster v. State. No. A11-0104.Supreme Court of Minnesota. Filed October 26, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 1
FLYNN v. AMERICAN HOME PROD. CORP., 627 N.W.2d 342 (Minn.App. 2001)
Stacey A. Flynn, Appellant, vs. American Home Products Corporation, et al., Respondents. No. C8-00-1885.Minnesota Court of Appeals. Filed May 15, 2001. Hennepin County District Court, File No. PI9816336 Page 343 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 344 SYLLABUS State-law damage […]
IN RE THEODORE v. BABER, C4-99-1035 (Minn.App. 1-11-2000)
In Re the Marriage of: Christopher M. Theodore, petitioner, Respondent, v. Destani J. Baber, Appellant. No. C4-99-1035.Minnesota Court of Appeals. Filed January 11, 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. […]
IN THE MATTER OF WELFARE OF R.J.E., 630 N.W.2d 457 (Minn.App. 2001)
IN RE THE MATTER OF THE WELFARE OF R.J.E., CHILD. No. 2189.Minnesota Court of Appeals. Filed July 3, 2001. Appeal from the District Court, Stearns County, Elizabeth A. Hayden, J. Page 458 SYLLABUS A student who is removed from class by two uniformed security guards, escorted to the security office, searched, and subjected to a […]
CONCEPT PROPERTIES v. CITY OF MINNETRISTA, A04-1414 (Minn. 7-19-2005)
Concept Properties, LLP v. City of Minnetrista. No. A04-1414.Supreme Court of Minnesota. July 19, 2005. Order on petition for further review Denied.
PAYNE v. U S BANCORP INFO., C1-00-1968 (Minn.App. 5-29-2001)
Suzanne M. Payne, Relator, v. U S Bancorp Information, Respondent, Commissioner of Economic Security, Respondent. No. C1-00-1968.Minnesota Court of Appeals. Filed May 29, 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. […]
STATE v. GROVER, 437 N.W.2d 60 (Minn. 1989)
STATE of Minnesota, Appellant, v. Curtis Lowell GROVER, Respondent. No. CX-88-766.Supreme Court of Minnesota. March 17, 1989. Appeal from the District Court, Washington County, Thomas G. Armstrong, J. Syllabus by the Court Minn.Stat. § 626.556, subd. 6 (1986), subjecting certain professionals to a misdemeanor liability if they fail to report child Page 61 abuse, as […]
IN RE REPAIR OF COUNTY DITCH NO. 51, RENVILLE COUNTY, 244 Minn. 532 (1955)
70 N.W.2d 329 IN RE PETITIONS FOR REPAIR OF COUNTY DITCH NO. 51, RENVILLE COUNTY. JOSEPH H. BRAUN v. COUNTY OF RENVILLE AND OTHERS.[1] No. 36.545.Supreme Court of Minnesota. May 13, 1955. [1] Reported in 70 N.W.2d 329. Drainage — ditch — repair — petition by less than 26 percent of landowners — cost limitation. […]
STATE BY HUMPHREY v. ALPINE AIR PRODUCTS, 490 N.W.2d 888 (Minn.App. 1992)
STATE of Minnesota, by Hubert H. HUMPHREY, III, its Attorney General, Respondent, v. ALPINE AIR PRODUCTS, INC., et al., Appellants. No. C8-92-740.Minnesota Court of Appeals. September 15, 1992. Review Granted November 17, 1992. Appeal from the District Court, Anoka County, Edward Bearse, J. Page 889 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]
SWEENEY v. MEYERS, 199 Minn. 21 (1937)
270 N.W. 906 E. S. SWEENEY v. MARY C. MEYERS AND ANOTHER.[1] No. 30,930.Supreme Court of Minnesota. January 15, 1937. [1] Reported in 270 N.W. 906. Landlord and tenant — eviction — action — damages. 1. Plaintiff, a practicing dentist with a good standing in his community, was unlawfully evicted from his office for a […]
PAULSON v. JOHNSON, 214 Minn. 202 (1943)
7 N.W.2d 338 MARIE H. PAULSON AND ANOTHER v. JOHN A. JOHNSON AND ANOTHER.[1] Nos. 33,380, 33,384.Supreme Court of Minnesota. January 2, 1943. [1] Reported in 7 N.W.2d 338. Appeal and error — nonappealable order. 1. An order requiring defendant to do a certain act and if he fail to do it to show cause […]
STATE v. HALVERSON, 373 N.W.2d 618 (Minn.App. 1985)
STATE of Minnesota, Appellant, v. Ronald Keith HALVERSON, Respondent. No. CX-85-848.Minnesota Court of Appeals. August 27, 1985. Appeal from the District Court, Dakota County, M. Eugene Atkins, J. Syllabus by the Court 1. Defendant’s sentence did not violate the single behavioral incident prohibition of Minn.Stat. 609.035. 2. Trial court did not abuse its discretion in […]
LUMBERMENS MUTUAL CAS. v. MN. SPECIAL COMP. FUND, A05-1483 (Minn. 9-19-2006)
Lumbermens Mutual Casualty Company, et al. v. Minnesota Special Compensation Fund, et al. No. A05-1483.Supreme Court of Minnesota. September 19, 2006 Denied.
JAMES v. SEARS ROEBUCK CO., A06-987 (Minn.App. 5-8-2007)
Holyfield I. James, Relator, v. Sears Roebuck and Co., Respondent, Department of Employment and Economic Development, Respondent. No. A06-987.Minnesota Court of Appeals. Filed: May 8, 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. § […]
CHRISTIAN v. STATE, A04-281 (Minn.App. 10-5-2004)
David Kenneth Christian, petitioner, Appellant, v. State of Minnesota, Respondent. No. A04-281.Minnesota Court of Appeals. Filed October 5, 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 […]
DREES v. GOSLING, 208 Minn. 399 (1940)
294 N.W. 374 CATHERINE E. DREES v. FREDERICK GOSLING AND ANOTHER.[1] No. 32,449.Supreme Court of Minnesota. October 18, 1940. [1] Reported in 294 N.W. 374. Trust — resulting trust — conveyance for consideration paid by another. Rights of creditors not involved, a grant of land to one, for a consideration paid by another, vests title […]
WILSON v. BISHOP, 167 Minn. 338 (1926)
209 N.W. 15 FRED WILSON v. MARY A. BISHOP AND ANOTHER.[1] No. 25,329.Supreme Court of Minnesota. May 21, 1926. [1] Reported in 209 N.W. 15. Refusal to reform lease sustained. 1. The finding that there was no mistake in failing to incorporate certain agreements in a lease is sustained by the evidence and there was […]
BELT v. WARDEN, A11-1210 (Minn. 10-26-2011)
Tariq Belt v. “Warden” et al. No. A11-1210.Supreme Court of Minnesota. Filed October 26, 2011. ORDER ON PETITION FOR FURTHER REVIEW Dismissed (10-21-11) Page 1
SPANN v. STATE, 368 N.W.2d 377 (Minn.App. 1985)
Willie Mack SPANN, Appellant, v. STATE of Minnesota, Respondent. No. C5-84-1847.Minnesota Court of Appeals. May 28, 1985. Appeal from the District Court, Ramsey County, Otis Godfrey, J. Page 378 Syllabus by the Court The trial court did not err by denying defendant’s post-sentencing motion to permit him to withdraw a guilty plea. Defendant’s mistaken belief […]
STATE v. DODD, C1-03-320 (Minn.App. 12-9-2003)
State of Minnesota, Respondent, v. Steven Frederick Dodd, Appellant. No. C1-03-320.Minnesota Court of Appeals. Filed December 9, 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 […]
WYNN v. COMMR. OF HUMAN SVCS., C8-00-445 (Minn.App. 9-5-2000)
Linda G. Wynn, Relator, v. Commissioner of Human Services, Respondent. No. C8-00-445.Minnesota Court of Appeals. Filed September 5, 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 Minnesota […]
GREENBRIER VILL. CONDO. 2 v. KELLER INV., 409 N.W.2d 519 (Minn.App. 1987)
GREENBRIER VILLAGE CONDOMINIUM TWO ASSOCIATION, INC., on Behalf of itself and its unit owners, Appellant, v. KELLER INVESTMENT, INC., et al., Franklin Construction Co., Inc., James M. Cooperman Associates, et al., Dolan, Banister Associates, Inc., Braun Engineering Testing, Inc., E H Earth Movers, Inc., Fabcon, Incorporated, Dalco Roofing and Sheet Metal, Inc., Respondents. No. C0-87-104.Minnesota […]
COUNTY OF HENNEPIN v. HOLT, 296 Minn. 164 (1973)
207 N.W.2d 723 COUNTY OF HENNEPIN v. VIOLET K. HOLT AND OTHERS. TEM-TROL, INC., APPELLANT. No. 43762.Supreme Court of Minnesota. May 4, 1973. Eminent domain — condemnation proceedings — appeal from gross award and apportionment — jurisdiction of court. 1. Where a gross award and an apportionment thereof is made by commissioners between fee owners […]
MODERN LIFE INSURANCE CO. v. TODD, 184 Minn. 36 (1931)
237 N.W. 686 MODERN LIFE INSURANCE COMPANY OF MINNESOTA v. KAY TODD.[1] No. 28,535.Supreme Court of Minnesota. July 3, 1931. [1] Reported in 237 N.W. 686. Limitation of action — fraud — issues and proof. 1. The burden is on plaintiff, seeking to avoid the bar of the statute of limitations in an action to […]
JENSEN v. COMMISSIONER OF PUBLIC SAFETY, A06-544 (Minn.App. 4-3-2007)
Barbra JoAnne Jensen, petitioner, Respondent, v. Commissioner of Public Safety, Appellant. No. A06-544.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, Washington County, File No. C7-05-8101. Jeffrey S. Sheridan, Strandemo, Sheridan Dulas, (for respondent) Lori Swanson, Attorney General, Jeffrey […]
STATE v. PERNELL, A06-1128 (Minn. 3-17-2009)
State v. Kerri Pernell. No. A06-1128.Supreme Court of Minnesota. Filed: March 17, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Vacated/Denied Page 1
STATE v. CALLENDER, A09-1296 (Minn. 9-16-2009)
State v. Terence Leon Callender. No. A09-1296.Supreme Court of Minnesota. Filed September 16, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE MARRIAGE OF OSBORN v. WEGE, CX-97-2279 (Minn.App. 5-26-1998)
In Re the Marriage of: Charlotte Elizabeth Osborn, petitioner, Respondent, v. Robertus Joost van der Wege, Appellant. No. CX-97-2279.Minnesota Court of Appeals. Filed May 26, 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. § […]
HIGGINS v. LACROIX, 119 Minn. 145 (1912)
137 N.W. 417 GEORGE HIGGINS and Another v. W. C. LACROIX and Others.[1] Nos. 17,761 — (191).Supreme Court of Minnesota. August 9, 1912. [1] Reported in 137 N. W. 417. 119 M. — 10. Action in the district court for Itasca county against W. C. Lacroix, as president, and others as members, of the village […]
STATE, BY LORD, v. FRISBY, 260 Minn. 70 (1961)
108 N.W.2d 769 STATE, BY MILES LORD, ATTORNEY GENERAL, v. LLOYD A. FRISBY AND OTHERS. PHILLIP R. LUTZI AND ANOTHER, APPELLANTS. No. 38,050.Supreme Court of Minnesota. April 21, 1961. Eminent domain — damages — question for jury — review of verdict. 1. The question of damages in a condemnation proceeding is essentially one of fact […]
STATE v. FYLSTRA, A07-0706 (Minn.App. 6-3-2008)
State of Minnesota, Respondent, v. Marc Wade Fylstra, Appellant. No. A07-0706.Minnesota Court of Appeals. Filed June 3, 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 from the District […]
SOULE v. RED WING ADVERTISING CO., 194 Minn. 365 (1935)
260 N.W. 360 MRS. M. B. SOULE v. RED WING ADVERTISING COMPANY AND ANOTHER.[1] No. 30,317.Supreme Court of Minnesota. April 26, 1935. [1] Reported in 260 N.W. 360. Workmen’s compensation act — injury arising out of and in course of employment. Plaintiff’s husband met his death while effecting repairs to his automobile, which he used […]