Tyree Brownridge, petitioner, Appellant, v. State of Minnesota, Respondent. No. C4-02-768.Minnesota Court of Appeals. Filed September 24, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
Category: Minnesota Court Opinions
DISCIPLINARY ACTION AGAINST HOPKINS, 555 N.W.2d 276 (Minn. 1996)
In re Petition for DISCIPLINARY ACTION AGAINST Diane E. HOPKINS, an Attorney at Law of the State of Minnesota. No. C3-95-2197.Supreme Court of Minnesota. October 10, 1996. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Diane E. Hopkins committed unprofessional conduct warranting […]
WEAVEWOOD INC. v. S PHOME INVESTMENTS, A10-1762 (Minn. 12-13-2011)
Weavewood, Inc. v. S Phome Investments, LLC, Palladium Holdings, LLC, M. Jacqueline Stevenson, Highland Bank. Nos. A10-1762, A10-2113, A10-2221.Supreme Court of Minnesota. Filed December 13, 2011. ORDER ON PETITION FOR FURTHER REVIEW Granted Page 1
IN RE DISCIPLINARY ACTION AGAINST PYLES, 421 N.W.2d 321 (Minn. 1988)
In re the Petition for DISCIPLINARY ACTION AGAINST David A. PYLES, an Attorney at Law of the State of Minnesota. No. C4-87-395.Supreme Court of Minnesota. April 1, 1988. Page 322 Syllabus by the Court 1. Attorney charged with multiple claims of professional misconduct failed to establish by clear and convincing evidence psychological disability as a […]
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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
IN RE MATTER OF ZIMBA, C9-01-1288 (Minn.App. 12-18-2001)
In re the Matter of: Ted Zimba. No. C9-01-1288.Minnesota Court of Appeals. Filed December 18, 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 Court, Hennepin […]
IN RE ESTATE OF SPEISS, 170 Minn. 221 (1927)
212 N.W. 167 IN RE ESTATE OF ANNA BARBARA SPEISS. AUGUSTA DOEPKE v. COLIN C. JOSLYN.[1] No. 25,734.Supreme Court of Minnesota. February 11, 1927. [1] Reported in 212 N.W. 167. Verdict sustained by evidence. 1. Evidence sustains verdict for full amount of claim against decedent’s estate for services rendered for her under express contract. Refusal […]
VANHOUSE v. STATE, A04-2179 (Minn. 9-28-2005)
Michael Daniel Vanhouse v. State. No. A04-2179.Supreme Court of Minnesota. September 28, 2005. Order on petition for further review Denied.
STATE v. SMITH, C3-98-1484 (Minn.App. 4-13-1999)
State of Minnesota, Respondent, v. Daniel Darnell Smith, Appellant. No. C3-98-1484.Minnesota Court of Appeals. Filed April 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 […]
IN RE ESTATE OF EGGERT, 245 Minn. 401 (1955)
72 N.W.2d 360 IN RE ESTATE OF PETER H. EGGERT. HENNEPIN COUNTY v. E. F. JACOBSON.[1] No. 36,594.Supreme Court of Minnesota. October 14, 1955. [1] Reported in 72 N.W.2d 360. Old age assistance — claim of county against estate of husband for assistance furnished wife. Where a husband and wife own real property in joint […]
COLUMBUS CONCERNED CIT. v. MINNESOTA RACING, A05-1743 (Minn.App. 6-6-2006)
Columbus Concerned Citizens, Inc., Appellant, v. Minnesota Racing Commission, et al., Respondents, and North Metro Harness Initiative, LLC, intervenor, Respondent. No. A05-1743.Minnesota Court of Appeals. Filed June 6, 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 […]
FRAZIER v. BURLINGTON NORTHERN SANTA FE CORP., A09-2212 (Minn. 11-23-2010)
Michael D. Frazier, as Trustee for the Next-of-Kin of Brian L. Frazier, deceased v. Burlington Northern Santa Fe Corporation, et al., Richard P. Wright, as Special Administrator of the Estate of Cory E. Chase, deceased and Harry James Rhoades, Sr., as Trustee for the Next-of-Kin of Harry James Rhoades, Jr., deceased v. Burlington Northern Santa […]
MIDWAY MOBILE HOME MART, INC. v. CITY OF FRIDLEY, 271 Minn. 189 (1965)
135 N.W.2d 199 MIDWAY MOBILE HOME MART, INC., AND ANOTHER v. CITY OF FRIDLEY. No. 39,491.Supreme Court of Minnesota. May 14, 1965. Trial — action tried to court — findings — when mandatory. Where the determination of an issue raised in an action tried to the court requires resolving disputed fact issues and the record […]
LEIER v. TWIN CITIES AREA METROP. TRANSIT COMM., 299 Minn. 35 (1974)
216 N.W.2d 129 FRANCES C. LEIER AND ANOTHER v. TWIN CITIES AREA METROPOLITAN TRANSIT COMMISSION. No. 44179.Supreme Court of Minnesota. March 22, 1974. Estoppel — failure to give transit commission statutory notice of tort claim — reliance on defendants advice — effect. Defendant is estopped from asserting noncompliance with the 30-day notice-of-claim limitation of Minn. […]
CUMMINGS v. KOEHNEN, 568 N.W.2d 418 (Minn. 1997)
Richard S. CUMMINGS, Respondent, v. Charles E. KOEHNEN, et al., petitioners, Appellants. No. C6-96-1118.Supreme Court of Minnesota. August 28, 1997. Appeal from the District Court, Dakota County, William F. Thuet, J. Page 419 Syllabus by the Court Under the Minnesota Human Rights Act, Minn.Stat. ch. 363, a plaintiff alleging sexual harassment by a person who […]
STATE v. CARLSON, 178 Minn. 626 (1929)
228 N.W. 173 STATE v. G. C. CARLSON.[1] No. 27,834.Supreme Court of Minnesota. December 13, 1929. [1] Reported in 228 N.W. 173. Alteration of sentence by trial court. Except where otherwise provided by statute, it is settled that a court may not change or modify its valid sentence after the court term at which it […]
HALPER v. HALPER, 348 N.W.2d 360 (Minn.App. 1984)
In re Marriage of Carole Ann HALPER, petitioner, Respondent, v. David William HALPER, Appellant. No. C4-83-1781.Minnesota Court of Appeals. May 1, 1984. As Modified April 30, 1984. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Syllabus by the Court 1. The trial court correctly applied the child support guidelines of chapter 308, […]
HOYT v. PIPER JAFFRAY CO., A07-1737 (Minn.App. 8-12-2008)
Bradley A. Hoyt, Appellant, v. Piper Jaffray Co., Respondent. No. A07-1737.Minnesota Court of Appeals. Filed August 12, 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 […]
OLSEN v. CITY OF HOPKINS, 276 Minn. 163 (1967)
149 N.W.2d 394 WILLIAM J. OLSEN AND OTHERS v. CITY OF HOPKINS. No. 39,817.Supreme Court of Minnesota. March 10, 1967. Zoning — ordinance fixing use-district boundaries — certainty — resolution of uncertainty. 1. The boundaries of various use districts established by a municipal zoning ordinance must be fixed and expressed with sufficient certainty to enable […]
LEGG v. GAUGE CONST. MGT. DEV., A08-840 (Minn. 7-22-2009)
Daniel Legg, et al. v. Gauge Construction Management Development, Inc., et al., Department of Labor and Industry, Contractor’s Recovery Fund. No. A08-840.Supreme Court of Minnesota. Filed July 22, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN MATTER OF THE WELFARE OF A.G.G., C5-97-553 (Minn.App. 9-9-1997)
IN THE MATTER OF THE WELFARE OF: A.G.G. No. C5-97-553.Minnesota Court of Appeals. Filed September 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 District Court, […]
CHANEY v. METROPOLITAN COUN., C9-95-2477 (Minn.App. 6-4-1996)
LATELL CHANEY, Respondent, v. METROPOLITAN COUNCIL (TRANSIT OPERATIONS), ET AL., Appellants. No. C9-95-2477.Minnesota Court of Appeals. Filed June 4, 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 […]
STATE v. SMITH, A08-1253 (Minn.App. 6-9-2009)
State of Minnesota, Respondent, v. Corey NMN Smith, Appellant. No. A08-1253.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 from the District […]
STATE v. KRASKA, 294 Minn. 540 (1972)
201 N.W.2d 742 STATE v. DONALD KRASKA. No. 43637.Supreme Court of Minnesota. October 6, 1972. Judges — criminal proceeding in county court — right of state to file affidavit of prejudice. Prohibition in this court upon the petition of the Shakopee city attorney to compel Kermit J. Lindmeyer, Judge of the County Court of Scott […]
HENNEPIN COUNTY v. SAMUELS, A05-4 (Minn.App. 10-25-2005)
Hennepin County, Plaintiff. Darchelle Ann Norris, Respondent, v. Leonard J. Samuels, Jr., Appellant. No. A05-4.Minnesota Court of Appeals. Filed October 25, 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). […]
STATE BY HUMPHREY v. BAILLON CO., 503 N.W.2d 799 (Minn.App. 1993)
STATE of Minnesota, by Hubert H. HUMPHREY, III, its Attorney General, Petitioner, Respondent, v. BAILLON COMPANY, et al., Appellants. No. C2-93-47.Minnesota Court of Appeals. July 20, 1993. Appeal from the District Court, Washington County, Gary A. Schurrer, J. Page 800 Syllabus by the Court 1. The Minnesota Equal Access to Justice Act applies to an […]
ROMANO v. DIBBS, 256 Minn. 332 (1959)
98 N.W.2d 146 JOSEPH ROMANO AND ANOTHER v. FRANK J. DIBBS AND ANOTHER. No. 37,666.Supreme Court of Minnesota. July 31, 1959. Evidence — expert opinion — hypothetical question — foundation. 1. Whether a hypothetical question presents adequate foundation for an expert opinion rests largely in the discretion of the trial court and its decision will […]
JOHNSON v. CITY OF SHOREWOOD, A06-2353 (Minn.App. 2-19-2008)
Ronald Richard Johnson, Appellant, Dee Johnson, Plaintiff, v. City of Shorewood, Respondent, City of Minnetonka, Respondent, Riley-Purgatory-Bluff Creek Watershed District, Respondent, Trivesco, et. al., Respondents, Highland Villa Builders, Inc., Respondent. No. A06-2353.Minnesota Court of Appeals. Filed February 19, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be […]
STATE v. GRUBER, 264 N.W.2d 812 (Minn. 1978)
STATE of Minnesota, Respondent, v. George Fred GRUBER, Appellant. No. 46679.Supreme Court of Minnesota. March 31, 1978. Appeal from the District Court, St. Louis County, C. L. Eckman and Donald E. Anderson, JJ. Syllabus by the Court 1. Defense counsel’s failure to object to improper evidence at trial precludes him from raising the issue on […]
MATTER OF WELFARE OF S.F., 482 N.W.2d 500 (Minn.App. 1992)
In the Matter of the WELFARE OF S.F., Juvenile. No. C0-91-1869.Minnesota Court of Appeals. March 17, 1992. Appeal from the District Court, Hennepin County, Isabel Gomez, J. Page 501 Syllabus by the Court Where a petition for termination of parental rights meets the requirements of Minn.R.Juv.P. 53.02 and the allegations contained in the petition, if […]
CLARK v. CLARK, 164 Minn. 201 (1925)
204 N.W. 936 GRACE CLARK v. JOHN CLARK.[1] No. 24,678.Supreme Court of Minnesota. July 10, 1925. [1] Reported in 204 N.W. 936. Relationship of daughter to promisee, when contract is for her benefit, gives her right to sue promisor on contract. 1. When a third party, for whose benefit a contract is made, is a […]
STATE v. HILL, A05-781 (Minn.App. 5-4-2006)
State of Minnesota, petitioner, Respondent, and Julie Ann Hill, petitioner, Respondent, v. Brian A. Hill, Appellant. No. A05-781.Minnesota Court of Appeals. Filed May 4, 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, […]
STATE v. LOZAR, 458 N.W.2d 434 (Minn.App. 1990)
STATE of Minnesota, Respondent, v. Larry LOZAR, Appellant (C5-89-2144), Eloise Rae Lozar, Appellant (C0-89-2200). Nos. C5-89-2144, C0-89-2200.Minnesota Court of Appeals. July 31, 1990. Review Denied September 28, 1990. Appeal from the District Court, Lake County, Kenneth A. Sandvik, J. Page 435 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
CC LEASING CORP. v. COUNTY OF HENNEPIN, 297 Minn. 39 (1973)
209 N.W.2d 672 CC LEASING CORPORATION AND ANOTHER v. COUNTY OF HENNEPIN. No. 43710.Supreme Court of Minnesota. July 20, 1973. Taxation — gross earnings tax paid by railroads — scope. 1. Under Minnesota Constitution and statutes, railroads pay a gross earnings tax in lieu of all taxes upon all property within this state owned or […]
NationaLEASE v. W.R. WEERES TRUCKING, INC., A05-1374 (Minn.App. 3-21-2006)
Koch NationaLease, Respondent, v. W.R. Weeres Trucking, Inc., et al., Appellants. No. A05-1374.Minnesota Court of Appeals. Filed March 21, 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 […]
DVORAK v. MARING, 285 N.W.2d 675 (Minn. 1979)
Harold H. DVORAK, Appellant, v. Blayne E. MARING, et al., Respondents. No. 49396.Supreme Court of Minnesota. November 9, 1979. Appeal from the District Court, Olmstead County, O. Russel Olson, J. Syllabus by the Court 1. The requirements of Minn.Stat. § 507.02 (1978) prohibiting alienation of the homestead without the signatures of both spouses can only […]
AUTO OWNERS INS. v. REINSURANCE ASS’N, 514 N.W.2d 604 (Minn.App. 1994)
AUTO OWNERS INSURANCE, Respondent, v. REINSURANCE ASSOCIATION OF MINNESOTA, North Star Mutual Insurance Company, Appellants, David Mellies, et al., Defendants. No. C6-93-2173.Minnesota Court of Appeals. April 5, 1994. Appeal from the District Court, Renville County, James E. Zeug, J. Page 605 Syllabus by the Court Family members who, on an ongoing basis, share in the […]
AABY v. BETTER BUILDERS, INC., 228 Minn. 222 (1949)
37 N.W.2d 234 ASMUND AABY v. BETTER BUILDERS, INC. AND OTHERS. NORTHWESTERN FEDERAL SAVINGS LOAN ASSOCIATION OF MINNEAPOLIS, APPELLANT.[1] No. 34,863.Supreme Court of Minnesota. April 1, 1949. [1] Reported in 37 N.W.2d 234. Mechanic’s lien — construction of lien law in general. 1-2. Mechanic’s lien law is to be given liberal construction in favor of […]
LASKA v. ANOKA COUNTY, A05-315 (Minn.App. 3-14-2006)
Katherine I. Laska, as trustee for the heirs and next of kin of Hannah Irene Laska, decedent v. Anoka County, et al. No. A05-315.Minnesota Court of Appeals. Filed: March 14, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied
STATE v. KERSCHBAUM, A07-1186 (Minn.App. 6-3-2008)
State of Minnesota, Respondent, v. Lamiea Kerschbaum, Appellant. No. A07-1186.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 Court, […]
CARTER v. COLE, 539 N.W.2d 241 (Minn. 1995)
Thaurtha CARTER, Respondent, v. Robin COLE, et al., Petitioners, Appellants. No. C0-94-1580.Supreme Court of Minnesota. October 25, 1995. Heard, considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that, in light of the reasoning o Johnson v. Jones, ___ U.S. ___, 115 […]
STATE v. BONYNGE, 450 N.W.2d 331 (Minn.App. 1990)
STATE of Minnesota, Respondent, v. Robert Walter BONYNGE, Appellant. No. C6-89-578.Minnesota Court of Appeals. January 9, 1990. Review Denied February 21, 1990. Appeal from the District Court, Hennepin County, David Duffy, J. Page 332 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]
PALMI v. PALMI, 273 Minn. 97 (1966)
140 N.W.2d 77 STELLA G. PALMI v. SULO J. PALMI. No. 39,721.Supreme Court of Minnesota. January 21, 1966. Divorce — decree — property division — finality. 1. A division of real property under a divorce decree is final under Minn. St. 518.64 and cannot thereafter be changed, modified, or amended by the trial court when […]
GELDERT v. BOEHLAND, 200 Minn. 332 (1937)
274 N.W. 245 ANNA GELDERT v. HARRY BOEHLAND AND ANOTHER.[1] No. 31,177.Supreme Court of Minnesota. June 25, 1937. [1] Reported in 274 N.W. 245, 275 N.W. 299. Street railway — collision between auto and streetcar — contributory negligence of auto driver. The driver of an automobile was killed in a collision, at a street intersection, […]
STATE v. BERG, A07-0293 (Minn.App. 1-29-2008)
State of Minnesota, Respondent, v. Timothy Keith Berg, Appellant. No. A07-0293.Minnesota Court of Appeals. Filed January 29, 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. DREYER, 345 N.W.2d 249 (Minn. 1984)
STATE of Minnesota, Respondent, v. Raymond H. DREYER, Appellant. No. C3-82-1499.Supreme Court of Minnesota. March 16, 1984. Appeal from the District Court, Blue Earth County, Miles B. Zimmerman, J. Page 250 Syllabus by the Court Police did not violate defendant’s fourth amendment rights in conducting a warrantless search of defendant’s garbage or exceed the scope […]
DANFORTH v. STATE, 718 N.W.2d 451 (Minn. 2006)
Stephen DANFORTH, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A04-1993.Supreme Court of Minnesota. July 27, 2006. Appeal from the District Court, Hennepin County, Marilyn Brown Rosenbaum, J. Page 452 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 453 [EDITORS’ NOTE: THIS […]
STATE, EX REL. WHITFIELD v. FABIAN, A07-1790 (Minn.App. 12-4-2007)
State of Minnesota, ex rel. Gene Harmon Lee Whitfield, OID #197256, petitioner, Respondent, v. Joan Fabian, Commissioner of Corrections, Appellant. No. A07-1790.Minnesota Court of Appeals. Filed: December 4, 2007. Appeal from the District Court, Washington County, Hon. Thomas G. Armstrong. RECENT ORDER OPINIONS EDWARD TOUSSAINT, JR., Chief Judge Reversed.
IN RE McCABE, 591 N.W.2d 723 (Minn. 1999)
In Re Petition for Disciplinary Action against Shaw M. McCabe, an Attorney at Law of the State of Minnesota. No. C4-98-2417.Supreme Court of Minnesota. Filed: May 6, 1999. SYLLABUS Respondent’s neglect of client matters and failure to cooperate with the disciplinary investigation warrants an indefinite suspension from the practice of law. Edward J. Cleary, Director, […]
OLSON v. ANDERSON, 224 Minn. 216 (1947)
28 N.W.2d 66 LARS G. OLSON v. BEN ANDERSON.[1] No. 34,444.Supreme Court of Minnesota. June 20, 1947. [1] Reported in 28 N.W.2d 66. Automobile — duty of motorist approaching intersection against stop sign — right of way. 1. A motorist approaching an intersection against a stop sign is charged with the duty of stopping at […]
STATE v. MOSES, A08-2194 (Minn. 11-24-2009)
State v. Aintario Larone Moses. No. A08-2194.Supreme Court of Minnesota. Filed November 24, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
BIELEJESKI v. COM’R OF PUBLIC SAFETY, 351 N.W.2d 664 (Minn.App. 1984)
David Alex BIELEJESKI, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. STATE of Minnesota, Respondent, v. David Alex BIELEJESKI, Appellant. Nos. CX-83-1963, C5-84-360.Minnesota Court of Appeals. July 17, 1984. Appeal from the County Court, Crow Wing County, Robert J. Ryan, J. Page 665 Syllabus by the Court The statutory procedures for appointment as a deputy […]
MID CONTINENT MANAGEMENT CORP. v. DONNELLY, 372 N.W.2d 814 (Minn.App. 1985)
MID CONTINENT MANAGEMENT CORPORATION, Appellant, v. Barbara DONNELLY, et al., Respondents. No. C8-85-542.Minnesota Court of Appeals. August 20, 1985. Review Denied October 24, 1985. Appeal from the Dakota County Court, Lawrence L. Lenertz, J. Page 815 Syllabus by the Court 1. The trial court erred in denying landlord’s action for unlawful detainer and claim for […]
JOHNSON v. STATE, 478 N.W.2d 769 (Minn.App. 1991)
Lois A. JOHNSON, et al., Appellants, v. STATE of Minnesota, Respondent. No. C3-91-893.Minnesota Court of Appeals. December 17, 1991. Review Denied February 27, 1992. Appeal from the District Court, Clay County, Kathleen A. Weir, J. Page 770 Syllabus by the Court 1. Governmental immunity under Minn.Stat. § 3.736, subd. 3(h) (1990) applies to a suit […]
STATE v. THOMPSON, A07-1439 (Minn. 1-29-2008)
State v. Chad Jeffrey Thompson. No. A07-1439.Supreme Court of Minnesota. Filed: January 29, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
STATE v. KING, A08-1238 (Minn. 10-28-2009)
State v. Calvin King. No. A08-1238.Supreme Court of Minnesota. Filed October 28, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
OXBOROUGH v. THE MURPHY TRANSFER STORAGE CO, 194 Minn. 335 (1935)
260 N.W. 305 HELEN M. OXBOROUGH v. THE MURPHY TRANSFER STORAGE COMPANY AND ANOTHER.[1] No. 30,269.Supreme Court of Minnesota. April 18, 1935. [1] Reported in 260 N.W. 305. Appeal and error — review — on motion for judgment notwithstanding verdict — extent of review. 1. Where a defendant rests upon his motion for judgment without […]
SAND v. SCHOOL SERV. EMP. UN., LOCAL 284, 402 N.W.2d 183 (Minn.App. 1987)
Genevieve SAND, Appellant, v. SCHOOL SERVICE EMPLOYEES UNION, LOCAL 284, Defendant and Third Party Plaintiff, Respondent, v. ANOKA-HENNEPIN INDEPENDENT SCHOOL DISTRICT, No. 11, Third Party Defendant. No. C2-86-1471.Minnesota Court of Appeals. March 10, 1987. Review Denied April 29, 1987. Appeal from the District Court, Hennepin County, Robert Forsythe, J. Page 184 Syllabus by the Court […]
AFREMOV v. AMPLATZ, A03-1778 (Minn.App. 5-12-2004)
Afremov v. Amplatz, AGA Medical Corp. No. A03-1778.Minnesota Court of Appeals. May 12, 2004. Hennepin County Hon. Patricia Kerr Karasov. CASE DISPOSED BY ORDER OPINION Toussaint, C.J. Affirmed.
STATE v. METROPOLITAN AIRPORTS COM’N, 520 N.W.2d 388 (Minn. 1994)
STATE of Minnesota by MINNESOTA PUBLIC LOBBY and by South Metro Airport Action Council, Respondent, v. METROPOLITAN AIRPORTS COMMISSION, Petitioner, Appellant, and Air Transport Association of America, Intervenor, Petitioner, Appellant. No. C9-93-854.Supreme Court of Minnesota. August 5, 1994. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. Syllabus by the Court 1. The […]
MOLKENBUR v. HART, 411 N.W.2d 249 (Minn.App. 1987)
Leah MOLKENBUR, Appellant, v. James F. HART, M.D., et al., Respondents. No. C6-87-43.Minnesota Court of Appeals. September 1, 1987. Appeal from the District Court, Washington County, Esther Tomljanovich, J. Page 250 Syllabus by the Court 1. The trial court did not err in refusing to allow one of appellant’s medical Page 251 experts to testify […]
FREDRICKSON v. RIEPE, A11-158 (Minn.App. 9-12-2011)
Sara J. Fredrickson, et al., Respondents, v. Donald Riepe, et al., Appellants. No. A11-158.Minnesota Court of Appeals. Filed September 12, 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 […]
IN RE EHLEN v. PUTZ, C4-02-2147 (Minn.App. 7-22-2003)
In re: Steven Anthony Ehlen, Appellant, v. Patricia Kathleen Putz, Respondent. No. C4-02-2147.Minnesota Court of Appeals. Filed July 22, 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 […]
WITZMAN v. KROHNKE, A04-1407 (Minn.App. 4-5-2005)
Joyce E. Witzman, Appellant, v. Duane W. Krohnke, et al., Respondents. No. A04-1407.Minnesota Court of Appeals. Filed April 5, 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 […]
JUSTER v. GROSSMAN, 229 Minn. 280 (1949)
38 N.W.2d 832 IRVING JUSTER, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF WILLIAM WALKER, JR., v. MORRIS P. GROSSMAN, AS SPECIAL ADMINISTRATOR OF THE ESTATE OF RUSSELL JOHNSON, JR., AND ANOTHER. DISTRICT COURT OF HENNEPIN COUNTY AND ANOTHER, RESPONDENTS.[1] No. 35,039.Supreme Court of Minnesota. July 29, 1949. [1] Reported in 38 N.W.2d 832. Deposition — […]
ERICKSON v. QUARSTAD, 270 Minn. 42 (1964)
132 N.W.2d 814 ORVAL ERICKSON v. HAROLD QUARSTAD AND ANOTHER. No. 39,353.Supreme Court of Minnesota. December 31, 1964. Negligence — defined. 1. Negligence is commonly defined in this state as the doing of something which an ordinarily prudent person would not do or the failure to do something which an ordinarily prudent person would do […]
STATE v. UPTON, 306 N.W.2d 117 (Minn. 1981)
STATE of Minnesota, Respondent, v. William Nathaniel UPTON, Appellant. No. 51370.Supreme Court of Minnesota. June 5, 1981. Appeal from the St. Louis District Court, Jack J. Litman, J. Syllabus by the Court 1. Evidence of defendant’s guilt of assault with a dangerous weapon was sufficient. 2. Trial court did not clearly abuse its discretion in […]
MADSEN v. HANSON, A03-1872 (Minn.App. 6-15-2004)
Jodi Madsen, as Co-Trustee for the Heirs and Next-of-Kin of Jenna Hegstrom, Deceased, Respondent, v. Larry Hanson, as Co-Trustee for the Heirs and Next-of-Kin of Jenna Hegstrom, Deceased, et al., Appellants, v. State Farm Insurance Company, Defendant. No. A03-1872.Minnesota Court of Appeals. Filed June 15, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by […]
NGO v. AMTECH ELEC., C9-02-2113 (Minn.App. 8-12-2003)
Charles N. Ngo, Relator, v. Amtech Electric, Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. C9-02-2113.Minnesota Court of Appeals. Filed August 12, 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, […]
STATE v. HODGE, 266 Minn. 193 (1963)
123 N.W.2d 323 STATE v. VELDEE HODGE. No. 38,627.Supreme Court of Minnesota. August 2, 1963. Criminal law — swindling — cashing checks without sufficient funds — sufficiency of evidence. Evidence that defendant, charged with swindling, replaced a revoked driver’s license with one fraudulently obtained under a fictitious name; that he opened a checking account the […]
STOICAN v. PRECISION ASSOCIATES, INC., C3-00-1020 (Minn.App. 1-9-2001)
Decebal Stoican, Relator, vs. Precision Associates, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C3-00-1020.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). […]
NUTAKOR v. KALLYS, C0-98-1751 (Minn.App. 5-11-1999)
Veronica Nutakor, Respondent, v. Albert Kallys, Appellant. No. C0-98-1751.Minnesota Court of Appeals. Filed May 11, 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, Hennepin […]
IN RE DISCIPLINARY ACTION AGAINST GETTY, 518 N.W.2d 18 (Minn. 1994)
In re Petition for DISCIPLINARY ACTION AGAINST Paris DonRay GETTY, an Attorney at Law of the State of Minnesota. No. C8-85-2372.Supreme Court of Minnesota. June 24, 1994. Syllabus by the Court The misconduct warrants disbarment. Marcia A. Johnson, Director, Lawyers Professional Responsibility Bd., Timothy M. Burke, Martin A. Cole, Asst. Directors, St. Paul, for appellant. […]
COURNOYER v. AMERICAN TELEVISION RADIO CO., 249 Minn. 577 (1957)
83 N.W.2d 409 MILFORD A. COURNOYER AND OTHERS v. AMERICAN TELEVISION AND RADIO COMPANY. No. 37,040.Supreme Court of Minnesota. May 24, 1957. Arbitration and award — award — binding effect. 1. The general rule is that an arbitrator, in the absence of any agreement limiting his authority, is the final judge of both law and […]
IN RE APPLICATION FOR DISCIPLINE OF THOMPSON, 296 Minn. 466 (1973)
209 N.W.2d 412 IN RE APPLICATION FOR DISCIPLINE OF TILMER EUGENE THOMPSON. No. 39495.Supreme Court of Minnesota. July 6, 1973. Attorney and client — disbarment for murder conviction — propriety — refusal to permit respondent to advise other prisoners. Proceeding in this court by the state administrative director on professional conduct for the discipline of […]
IN RE DISCIPLINARY ACTION AGAINST ANDERSON, 546 N.W.2d 298 (Minn. 1996)
In re Petition for DISCIPLINARY ACTION AGAINST Bradley K. ANDERSON, an Attorney at Law of the State of Minnesota. No. C6-96-48.Supreme Court of Minnesota. April 26, 1996. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Bradley K. Anderson, has committed unprofessional conduct […]
KORF v. STATE, 290 Minn. 245 (1971)
187 N.W.2d 638 RODNEY WILLIAM KORF v. STATE. No. 42779.Supreme Court of Minnesota. May 17, 1971. Statute — statute permitting revocation of a driver’s license conflict with statute forbidding revocation for conviction by court of ordinance violation in Hennepin County. A conviction by the court without a jury and upon stipulated facts for careless driving […]
McDERMOTT v. BREMSON, 273 Minn. 104 (1966)
139 N.W.2d 809 MARNO M. McDERMOTT, JR. v. DAVID H. BREMSON AND ANOTHER. NATIONAL CIBO HOUSE MANAGEMENT CORPORATION, APPELLANT. No. 39,823.Supreme Court of Minnesota. January 21, 1966. Process — foreign corporation — substituted service — reasonableness. Process was served on a foreign corporation under our Single Act Statute, Minn. St. 303.13, subd. 1(3). We review […]
SARGENT v. STATE FARM MUT. AUTO INS. CO., 486 N.W.2d 14 (Minn.App. 1992)
Ione SARGENT, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. No. C3-91-2322.Minnesota Court of Appeals. June 2, 1992. Review Denied August 4, 1992. Appeal from the District Court of Hennepin County, William B. Christensen, J. Page 15 Syllabus by the Court An underinsured motorist claim brought six years and four months after […]
V.H. v. ESTATE OF BIRNBAUM, 529 N.W.2d 462 (Minn.App. 1995)
V.H., Appellant, v. The ESTATE OF Bernard F. BIRNBAUM, c/o Personal Representative Cleo Aufderhaar, Respondent. No. C0-94-1952.Minnesota Court of Appeals. April 4, 1995. Review Granted May 31, 1995. Appeal from the District Court, Hennepin County, Henry W. McCarr, J. Page 463 Syllabus by the Court Under Minnesota’s long-arm statute, a Minnesota court has personal jurisdiction […]
STATE v. TILMON, C5-97-472 (Minn.App. 1-13-1998)
STATE OF MINNESOTA, Respondent, v. SPENCER ALLEN TILMON, Appellant. No. C5-97-472.Minnesota Court of Appeals. Filed January 13, 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 […]
STATE v. ASMUS, A05-1430 (Minn.App. 6-27-2006)
State of Minnesota, Respondent, v. Reina Asmus, Appellant. No. A05-1430.Minnesota Court of Appeals. Filed June 27, 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 District Court, […]
OUTDOOR ENVIRONMENTS, INC. v. MARO, A04-1332 (Minn.App. 5-3-2005)
Outdoor Environments, Inc., Appellant, v. Theodore Brian Maro, Respondent, Landshapes, Inc., Defendant. No. A04-1332.Minnesota Court of Appeals. Filed May 3, 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 […]
IN MATTER OF THE WELFARE OF E. E. B., A08-0893 (Minn.App. 5-19-2009)
In the Matter of the Welfare of: E. E. B., Child. No. A08-0893.Minnesota Court of Appeals. Filed May 19, 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 […]
BEUKHOF v. STATE FARM AUTO. INS. CO., 371 N.W.2d 538 (Minn. 1985)
David A. BEUKHOF, Petitioner, Appellant, v. STATE FARM AUTOMOBILE INSURANCE COMPANY, Respondent. No. C3-83-1948.Supreme Court of Minnesota. July 26, 1985. Appeal from the Court of Appeals, Randall, J. Syllabus by the Court 1. A pedestrian-motorcycle accident does not fall within the scope of statutorily mandated underinsured motorist coverage. For purposes of implied-in-law underinsured coverage, an […]
STATE v. COLBERT, A10-55 (Minn.App. 1-11-2011)
State of Minnesota, Respondent, v. Sherrod Colbert, Appellant. No. A10-55.Minnesota Court of Appeals. Filed January 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 Court, […]
STATE v. PROZINSKI, A05-1965 (Minn.App. 9-5-2006)
State of Minnesota, Respondent, v. Kevin John Prozinski, Appellant. No. A05-1965.Minnesota Court of Appeals. Filed September 5, 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 District […]
PARKS v. ALLIS-CHALMERS CORP., 289 N.W.2d 456 (Minn. 1979)
Dwight PARKS, Respondent, v. ALLIS-CHALMERS CORPORATION, formerly Allis-Chalmers Manufacturing Company, Appellant. No. 48629.Supreme Court of Minnesota. November 2, 1979. As Modified on Rehearing Denied February 7, 1980. Appeal from the District Court, Beltrami County, James E. Preece, J. Page 457 Syllabus of the Court 1. The evidence presented jury questions as to whether an improper […]
CASABLANCAS v. SWANSON, C1-98-897 (Minn.App. 11-24-1998)
JOHN CASABLANCAS, Respondent, v. SCOTT SWANSON, f/k/a DUFF, Appellant, NORWEST FUNDING, Garnishee. No. C1-98-897.Minnesota Court of Appeals. Filed November 24, 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 […]
STATE v. ECK, A04-585 (Minn.App. 12-13-2005)
State v. Matthew Eck. No. A04-585.Minnesota Court of Appeals. Filed: December 13, 2005. Stay Vacated/Denied
BLOCK v. SEXTON, 577 N.W.2d 521 (Minn.App. 1998)
Dean M. BLOCK, et al., Respondents, v. Rita H. SEXTON, Respondent, James Billig, et al., Appellants, Thomas Striker, et al., Defendants. No. C5-97-1721.Minnesota Court of Appeals. May 19, 1998. Appeal from the District Court, Stearns County, Richard T. Jessen, J. Page 522 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
STATE v. AVALOS, A07-1288 (Minn.App. 10-14-2008)
State of Minnesota, Respondent, v. Felipe Fernandez Avalos, Appellant. No. A07-1288.Minnesota Court of Appeals. Filed October 14, 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 Stearns […]
TOBIN v. COMMISSIONER OF PUBLIC SAFETY, A03-1705 (Minn.App. 8-3-2004)
Ryan James Tobin, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A03-1705.Minnesota Court of Appeals. Filed August 3, 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 […]
STATE v. GOODCHILD, C2-03-200 (Minn.App. 8-5-2003)
State of Minnesota, Appellant, v. Donna Rae Goodchild, Respondent. No. C2-03-200.Minnesota Court of Appeals. Filed August 5, 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 […]
RICHARD E. REISS v. COMMR. OF ECON., C3-99-2127 (Minn.App. 7-11-2000)
Richard E. Reiss Associates, Ltd., Relator, v. Commissioner of Economic Security, Respondent. No. C3-99-2127.Minnesota Court of Appeals. Filed July 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 […]
GEO. A. HORMEL COMPANY v. FIRST NATIONAL BANK, 171 Minn. 65 (1927)
212 N.W. 738 GEO. A. HORMEL COMPANY v. FIRST NATIONAL BANK AND OTHERS.[1] Nos. 25,578, 25,579, 25,580, 25,581.Supreme Court of Minnesota. April 8, 1927. [1] Reported in 212 N.W. 738. After dismissal of complaint reply admissible as defense to defendant’s counterclaim. 1. Plaintiff sued in replevin for certain shares of its capital stock issued to […]
WESTBROOK ST. BK. v. ANDERSON LAND CATTLE, 364 N.W.2d 416 (Minn.App. 1985)
WESTBROOK STATE BANK, Respondent, v. ANDERSON LAND AND CATTLE COMPANY, et al., Defendants, Northwestern State Bank of Tracy, Respondent, SL C Partnership, Appellant, County of Cottonwood, Respondent. No. C8-84-1518.Minnesota Court of Appeals. March 5, 1985. Appeal from the District Court, Cottonwood County, Harvey A. Holtan, J. Page 417 Syllabus by the Court 1. The trial […]
IN RE BROOKMAN v. BROOKMAN, C4-99-2086 (Minn.App. 8-1-2000)
In re the Marriage of: John M. Brookman, petitioner, Appellant, vs. Blyth J. Berg Brookman, Respondent. No. C4-99-2086.Minnesota Court of Appeals. Filed August 1, 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, […]