In re ESTATE OF Dorothy B. MAGNUS, Deceased. No. C3-89-117.Minnesota Court of Appeals. March 14, 1989. Appeal from the District Court, Hennepin County, S.A. Sawyer, J. Page 822 Syllabus by the Court 1. The Rules of Civil Appellate Procedure do not authorize a motion for summary reversal prior briefing on the merits of the appeal. […]
Category: Minnesota Court Opinions
STATE v. ANDERSON, 382 N.W.2d 274 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Robert Clifford ANDERSON, Respondent. No. C0-85-2043.Minnesota Court of Appeals. February 25, 1986. Appeal from the County Court, Dakota County, Raymond Pavlak, J. Syllabus by the Court 1. The trial court erred in concluding that respondent did not “refuse” the chemical test when he did not respond to the officer’s offer […]
ARCHER DANIELS MIDLAND CO. v. C.A. ROSE CO., A07-0651 (Minn.App. 5-6-2008)
Archer Daniels Midland Company, Respondent, v. C.A. Rose Company, et al., Defendants, Burwell Family Limited Partnership, supplemental defendant and the garnishee, Appellant. No. A07-0651.Minnesota Court of Appeals. Filed May 6, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as […]
DAVIDSON v. WEBB, 535 N.W.2d 822 (Minn.App. 1995)
Thomas K. DAVIDSON, petitioner, Respondent, v. David P. WEBB, Appellant. No. C7-95-517.Minnesota Court of Appeals. August 15, 1995. Appeal from the District Court, Hennepin County, Delia Pierce, J. Page 823 Syllabus by the Court Under Minn.Stat. § 609.748, conduct must include more than one act, word, or gesture to constitute harassment, but there need not […]
LYNCH v. HUTCHINSON PRODUCE CO., 169 Minn. 329 (1926)
211 N.W. 313 PAT LYNCH v. HUTCHINSON PRODUCE COMPANY AND ANOTHER.[1] No. 25,729.Supreme Court of Minnesota. December 10, 1926. [1] Reported in 211 N.W. 313. In this case well driller was an employe, entitled to compensation, and not an independent contractor. A well driller, who was hired to sink a well for the owner of […]
STATE v. CARLSON, A04-1947 (Minn. 9-28-2005)
State v. Jevrett David Carlson. No. A04-1947.Supreme Court of Minnesota. September 28, 2005. Order on petition for further review Denied.
MATTER OF JASMER, 445 N.W.2d 560 (Minn. 1989)
In the Matter of Marvin Darrold JASMER. No. C3-89-344.Supreme Court of Minnesota. September 15, 1989. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of the County of Sherburne for further review be, and the same is, granted. No briefing is required and the matter will be […]
STATE v. RENKEN, A10-1422 (Minn.App. 7-11-2011)
State of Minnesota, Respondent, v. Randal Scott Renken, Appellant. No. A10-1422.Minnesota Court of Appeals. Filed July 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 […]
WALKER EMPLOYMENT SERVICE, INC. v. PARKHURST, 300 Minn. 264 (1974)
219 N.W.2d 437 WALKER EMPLOYMENT SERVICE, INC. v. HARRY D. PARKHURST, JR., AND ANOTHER. No. 44442.Supreme Court of Minnesota. June 21, 1974. Contracts — employment contract containing restrictive covenant — when enforceable. 1. A restrictive covenant which was not unreasonable either in terms of area or time, and which was utilized for the obvious reason […]
STATE v. MANDEHR, 168 Minn. 139 (1926)
209 N.W. 750 STATE v. OTTO MANDEHR AND OTHERS.[1] No. 25,512.Supreme Court of Minnesota. July 2, 1926. [1] Reported in 209 N.W. 750. Conviction under ordinance prohibiting driving motor vehicle while drunk invalid because of act of 1925. 1. Laws 1925, c. 416, § 26, annulled an ordinance of the city of St. Paul prohibiting […]
STATE v. STEWART, 643 N.W.2d 281 (Minn. 2002)
State of Minnesota, and Anderson, Russell A., J. Respondent, vs. Dale Allen Stewart, Appellant. No. C6-01-177.Supreme Court of Minnesota. Filed: May 9, 2002. Appeal from the District Court, Ramsey County, Gregg E. Johnson, J. Page 282 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
AANENSON v. ENGELSON, 267 Minn. 1 (1963)
124 N.W.2d 360 RUSSELL AANENSON AND ANOTHER v. NORMAN ENGELSON AND ANOTHER. No. 38,839.Supreme Court of Minnesota. November 1, 1963. Automobiles — negligence of driver — collision — concurrent negligence of drivers. 1-2. Whether or not a collision in which a truck collided with the rear of an automobile was caused by the concurrent negligence […]
IN MATTER OF THE WELFARE OF T.J.W., A07-1014 (Minn.App. 1-29-2008)
In the Matter of the Welfare of T.J.W., Child. No. A07-1014.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 […]
MARION v. MILLER, 237 Minn. 306 (1952)
55 N.W.2d 52 ELWOOD J. MARION AND ANOTHER v. ARTHUR R. MILLER AND ANOTHER.[1] No. 35,719.Supreme Court of Minnesota. July 18, 1952. [1] Reported in 55 N.W.2d 52. Fraud — false representations — liability. 1. In a real estate transaction, defendants may be held liable for fraud upon a showing that a false representation of […]
SCHRAMEL v. COLLEGEVILLE TOWNSHIP, A09-0105 (Minn.App. 10-20-2009)
Mary Peters Schramel, et al., Appellants, v. Collegeville Township, Minnesota, Respondent. No. A09-0105.Minnesota Court of Appeals. Filed October 20, 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 […]
SCHROEDER v. COMMISSIONER OF PUBLIC SAFETY, A07-2247 (Minn. 3-17-2009)
David John Schroeder v. Commissioner of Public Safety. No. A07-2247.Supreme Court of Minnesota. Filed: March 17, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE GRABANSKI v. GRABANSKI, C7-96-348 (Minn.App. 8-20-1996)
In Re the Marriage of: Marilyn Louise Grabanski, petitioner, Appellant, v. James Edward Grabanski, Respondent. No. C7-96-348.Minnesota Court of Appeals. Filed August 20, 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. § subd.(1994). Appeal […]
STATE v. LALANI, A05-8 (Minn.App. 1-31-2006)
State of Minnesota, Respondent, v. Minaz Amiralli Lalani, Appellant. No. A05-8.Minnesota Court of Appeals. Filed January 31, 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 […]
STATE v. JEFFRIES, A09-1391 (Minn. 10-19-2011)
State of Minnesota, Respondent, v. Erik Lerone Jeffries, Appellant. No. A09-1391.Supreme Court of Minnesota. Filed: October 19, 2011. Appeal from the Minnesota Court of Appeals. SYLLABUS 1. The requirement of Minn. Stat. § 609.02, subd. 5 (2010), that a guilty plea must be accepted and recorded before the defendant is convicted is satisfied when the […]
KNIGHT v. B B COS., C1-02-792 (Minn.App. 11-19-2002)
Warren S. Knight, Appellant, v. B B Companies, Inc., defendant and third-party plaintiff, Respondent, vs. Marigold Foods, Inc., third-party defendant, Respondent. No. C1-02-792.Minnesota Court of Appeals. Filed November 19, 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 […]
BRUNNER v. STATE OF MINNESOTA, 285 N.W.2d 74 (Minn. 1979)
Mary BRUNNER, Appellant, v. STATE OF MINNESOTA DEPARTMENT OF PUBLIC WELFARE, Respondent, and Hennepin County Welfare Board, Respondent. No. 49412.Supreme Court of Minnesota. September 21, 1979. Rehearing Denied November 13, 1979. Appeal from the District Court, Hennepin County, William B. Christensen, J. Page 75 Syllabus by the Court When two children of family receiving Aid […]
BLATTNER v. BLATTNER, 411 N.W.2d 24 (Minn.App. 1987)
In re the Marriage of Bette L. BLATTNER, Petitioner, Appellant, v. Karl William BLATTNER, Respondent. No. C3-86-2208.Minnesota Court of Appeals. September 1, 1987. Appeal from the County Court, Goodhue County, Thomas E. Gorman, J. Page 25 Syllabus by the Court 1. A dissolution judgment may be vacated as a fraud upon the court when the […]
LIVGARD v. CORNELIUS CO., 308 Minn. 467 (1976)
243 N.W.2d 309 EUGENE LIVGARD v. CORNELIUS COMPANY AND OTHERS. Nos. 45477, 45497, 45510.Supreme Court of Minnesota. May 14, 1976. Workers’ compensation — compensation claim — commencement of “proceeding” — notice of aggravation of symptoms — apportionment among insurers. Three writs of certiorari were issued by this court to review a decision of the Workers’ […]
PEARSON v. NORELL, 200 Minn. 58 (1937)
273 N.W. 359 JOHN VICTOR PEARSON v. CHARLES NORELL AND ANOTHER.[1] No. 31,286.Supreme Court of Minnesota. May 21, 1937. [1] Reported in 273 N.W. 359. Appeal and error — law of case — questions decided on former appeal. 1. The questions decided on the former appeal herein became the law of the case; hence it […]
IN RE CHAR. OF UNPRO. CON. AGA. PAN. NO. 92-33, 508 N.W.2d 200 (Minn. 1993)
In re CHARGES OF UNPROFESSIONAL CONDUCT AGAINST PANEL FILE NUMBER 92-33, an Attorney at Law of the State of Minnesota. No. C5-93-589.Supreme Court of Minnesota. November 17, 1993. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the affirmance by a panel of the Lawyers Professional Responsibility Board of […]
BRODD v. PRIEM, 236 Minn. 148 (1952)
52 N.W.2d 429 WILLIAM E. BRODD v. ALVIN PRIEM.[1] No. 35,623.Supreme Court of Minnesota. March 7, 1952. [1] Reported in 52 N.W.2d 429. Automobile — contributory negligence of pedestrian — duty imposed by statute. 1. Notwithstanding M.S.A. 169.21, subd. 5, which requires pedestrians to walk near the left-hand side of the roadway and yield to […]
STATE v. McCLELLON, A05-2521 (Minn.App. 2-27-2007)
State of Minnesota, Respondent, v. David G. McClellon, Appellant. No. A05-2521.Minnesota Court of Appeals. Filed February 27, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
STATE v. JOHNSON, A03-1853 (Minn.App. 12-8-2004)
State of Minnesota, Respondent, v. Stephen William Johnson, Appellant. No. A03-1853.Minnesota Court of Appeals. December 8, 2004. Filed December 14, 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 […]
STATE v. ABE, 289 N.W.2d 158 (Minn. 1980)
STATE of Minnesota, Respondent, v. Stephen T. ABE, Appellant. No. 49691.Supreme Court of Minnesota. January 25, 1980. Appeal from the District Court, Hennepin County, Irving C. Iverson, Richard J. Kantoroweiz, O. Harold Odland, JJ. Page 159 Syllabus by the Court 1. Minn.Stat. § 169.127 (1976) did not require a driver to be advised that a […]
DURAND v. DURAND, 367 N.W.2d 621 (Minn.App. 1985)
In re the Marriage of Myles B. DURAND, Petitioner, Appellant, v. Patricia A. DURAND, Respondent. No. C0-85-20.Minnesota Court of Appeals. May 14, 1985. Appeal from the District Court, Ramsey County, Roland J. Faricy, Jr., J. Page 622 Syllabus by the Court 1. The trial court did not make sufficient findings determining the value of husband’s […]
RUBEY v. VANNETT, A05-310 (Minn.App. 5-15-2007)
In re the Marriage of Thomas Carroll Rubey, Appellant v. Valerie Ann Vannett, Respondent. No. A05-310.Minnesota Court of Appeals. Filed May 15, 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 […]
SCHULTZ v. DAKOTA COUNTY COMM. DEV. AGENCY, A03-1099 (Minn.App. 10-12-2004)
Nancy Schultz, Relator, v. Dakota County Community Development Agency, Respondent. No. A03-1099.Minnesota Court of Appeals. Filed October 12, 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 […]
STATE v. ACOSTA, C3-99-1785 (Minn.App. 8-15-2000)
State of Minnesota, Respondent, vs. Mario Acosta, Appellant. No. C3-99-1785.Minnesota Court of Appeals. Filed August 15, 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, […]
RADEL v. BLOOM LAKE FARMS, 553 N.W.2d 109 (Minn.App. 1996)
Richard RADEL, et al., Appellants, v. BLOOM LAKE FARMS, et al., Respondents. No. C3-96-198.Minnesota Court of Appeals. September 10, 1996. Review Denied October 29, 1996. Appeal from the District Court, Olmsted County, Morse, J. Page 110 Syllabus by the Court 1. Expert testimony is not required in a negligence case if the subject matter is […]
WILSON v. STATE, 726 N.W.2d 103 (Minn. 2007)
Juvon De WILSON, Appellant, v. STATE of Minnesota, Respondent. No. A05-677.Supreme Court of Minnesota. January 18, 2007. Appeal from the District Court, Hennepin County, John L. Holahan, J. Page 104 Syllabus The postconviction court abused its discretion by failing to hold an evidentiary hearing when the petitioner raised genuine issues of material fact in his […]
STATE v. STAPEK, 315 N.W.2d 603 (Minn. 1982)
STATE of Minnesota, Respondent, v. Nicholas L. STAPEK, Appellant. No. 81-351.Supreme Court of Minnesota. February 12, 1982. Appeal from the District Court, Hennepin County, Crane Winton, J. Syllabus by the Court Evidence was sufficient to establish defendant’s guilt of assault in the first degree, trial court’s instructions on the issue of intent were adequate, and […]
STATE v. PALMER, 391 N.W.2d 857 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Stephen Arnold PALMER, Appellant. No. C2-85-1928.Minnesota Court of Appeals. August 5, 1986. Appeal from the Municipal Court, Hennepin County, William B. Christensen, J. Syllabus by the Court 1. The trial court did not abuse its discretion in determining that the foundation was sufficient to admit evidence of blood test results […]
JOHNSON v. AMERICAN FAMILY MUT. INS. CO., 413 N.W.2d 172 (Minn.App. 1987)
Richard Alan JOHNSON, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. No. C5-87-826.Minnesota Court of Appeals. October 6, 1987. Review Granted November 18, 1987. Appeal from the District Court, Kandiyohi County, John T. Weyrens, J. Syllabus by the Court 1. The trial court erred in confirming an arbitration award which exceeded the arbitrator’s powers because […]
STATE v. MOGAN, 301 Minn. 478 (1974)
225 N.W.2d 216 STATE v. JOHN HARLIN MOGAN. No. 44861.Supreme Court of Minnesota. October 25, 1974. Criminal law — nonappealable order — dismissal of complaint for improper venue. Appeal by the state from an order of the Ramsey County District Court, John W. Graff, Judge, dismissing an information against John Harlin Mogan charging him with […]
AMDAHL v. COUNTY OF FILLMORE, 258 N.W.2d 869 (Minn. 1977)
O. H. AMDAHL, Respondent, v. COUNTY OF FILLMORE, Appellant. Harold KARLI, Respondent, v. COUNTY OF FILLMORE, Appellant. Clayton E. FISHBAUGHER, Respondent, v. COUNTY OF FILLMORE, Appellant. Carl FANN, Respondent, v. COUNTY OF FILLMORE, Appellant. Nos. 47146 to 47149.Supreme Court of Minnesota. September 30, 1977. Appeal from the District Court, Fillmore County, Jack F. C. Gillard, […]
IN RE MARRIAGE OF TILBURY v. TILBURY, C0-99-1968 (Minn.App. 7-3-2000)
In Re the Marriage of: Marianne Tilbury, n/k/a Kauma, petitioner, Respondent, vs. Steven Tilbury, Appellant. No. C0-99-1968.Minnesota Court of Appeals. Filed July 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. […]
IN RE DISY. ACTION, 741 N.W.2d 607 (Minn. 2007)
In re Petition for DISCIPLINARY ACTION AGAINST Robert M. LIGHT, a Minnesota Attorney, Registration No. 214978. No. A07-2128.Supreme Court of Minnesota. November 30, 2007. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action seeking reciprocal discipline under Rule 12(d), Rules on Lawyers Professional Responsibility (RLPR), based on […]
COMMUNITY INS. AGENCY, INC. v. KEMPER, 426 N.W.2d 471 (Minn.App. 1988)
COMMUNITY INSURANCE AGENCY, INC., Appellant, v. Fredrick L. KEMPER, et al., Defendants, 2730 Portland Properties, et al., Gregory N. Meyers, William J. Anderson, et al., Trayne Properties, et al., International Investments, et al., Respondents. No. C4-87-2390.Minnesota Court of Appeals. July 5, 1988. Review Denied September 16, 1988. Appeal from the District Court, Hennepin County, William […]
MOSLOSKI v. GAMBLE, 191 Minn. 170 (1934)
253 N.W. 378 FRANK G. MOSLOSKI v. A. W. GAMBLE.[1] No. 29,745.Supreme Court of Minnesota. March 9, 1934. [1] Reported in 253 N.W. 378. Will — mutual or reciprocal wills — making — evidence of compact. Specific performance — enforcement of devise under mutual wills. 1. The evidence sustains the finding that plaintiff’s father and […]
STATE v. BARNES, A05-1454 (Minn. 10-25-2006)
State v. DeAndre Jerome Barnes. No. A05-1454.Supreme Court of Minnesota. Filed October 25, 2006. Order on Petition For Further Review Denied.
BAUMGARTEN v. MILAVETZ, C8-98-1822 (Minn.App. 5-25-1999)
Bradley Baumgarten, et al., Appellants, v. Milavetz, Gallop Milavetz, P.A., et al., Respondents. No. C8-98-1822.Minnesota Court of Appeals. Filed May 25, 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). […]
STATE v. SWICK, A03-801 (Minn.App. 3-9-2004)
State of Minnesota, Respondent, v. Jason Lloyd Swick, Appellant. No. A03-801.Minnesota Court of Appeals. Filed March 9, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]
HAUMANT v. GRIFFIN, 699 N.W.2d 774 (Minn.App. 2005)
Donald HAUMANT, petitioner, Appellant, v. Susanne GRIFFIN, City of Minneapolis Director of Elections, Respondent. No. A04-1746.Minnesota Court of Appeals. June 7, 2005. Review Denied August 24, 2005. Appeal from the District Court, Hennepin County, Richard S. Scherer, J. Page 775 SYLLABUS Where a proposed charter amendment is in conflict with current state laws and would […]
STATE v. STANGER, 370 N.W.2d 484 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. Val Bernard STANGER, Appellant. No. CX-85-767.Minnesota Court of Appeals. July 9, 1985. Appeal from the District Court, Chippewa County, John C. Lindstrom, J. Syllabus by the Court Defendant is entitled to execution of stayed probationary sentences. Hubert H. Humphrey, III, Atty. Gen., St. Paul, Stephen Torvik, Chippewa Co. Atty., Page […]
NORTHPOINTE PLAZA v. CITY OF ROCHESTER, 457 N.W.2d 398 (Minn.App. 1990)
NORTHPOINTE PLAZA, a Minnesota Partnership consisting of Jon K. Finstrom and John A. Klop, Jr., Appellant, v. CITY OF ROCHESTER, Respondent. No. C3-89-1851.Minnesota Court of Appeals. June 12, 1990. Review Granted August 23, 1990. Appeal from the District Court, Olmsted County, Harold G. Krieger, J. Page 399 Syllabus by the Court 1. The denial of […]
BALIN v. BECKER HOTEL GROUP LLC, A06-2463 (Minn.App. 9-11-2007)
Judith L. Balin, Relator, v. Becker Hotel Group LLC, Respondent; Department of Employment and Economic Development, Respondent. No. A06-2463.Minnesota Court of Appeals. Filed September 11, 2007. Page 1 Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINIONS Chief Judge Edward Toussaint, Jr. Reversed. Page 1
STOKES v. J. L. SHIELY CO., 278 Minn. 354 (1967)
154 N.W.2d 404 DONALD J. STOKES v. J. L. SHIELY COMPANY AND ANOTHER. No. 40,625.Supreme Court of Minnesota. November 17, 1967. Workmen’s compensation — proceedings — granting rehearing. The Industrial Commission has authority under Minn. St. 176.461 to grant a new hearing where certain material evidence was not available at the time of the hearing […]
ELECTRIC FETUS CO. v. CITY OF DULUTH, 547 N.W.2d 448 (Minn.App. 1996)
ELECTRIC FETUS COMPANY, INC., et al., Respondents, v. CITY OF DULUTH, et al., Appellants. No. C2-95-2434.Minnesota Court of Appeals. May 14, 1996. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Page 449 Syllabus by the Court Summary judgment is inappropriate where there are material fact issues regarding a police officer’s qualified […]
STATE v. GEILMAN, A06-1126 (Minn.App. 9-18-2007)
State of Minnesota, Respondent, v. Kirill Geilman, Appellant. No. A06-1126.Minnesota Court of Appeals. Filed September 18, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from Hennepin County District […]
BLAKE v. DENELSBECK, 284 Minn. 420 (1969)
170 N.W.2d 337 BERNARD BLAKE v. GORDON DENELSBECK. No. 41451.Supreme Court of Minnesota. August 29, 1969. New trial — grounds — newly discovered evidence. Rule 59.01, Rules of Civil Procedure, provides in part that a new trial may be granted to all or any of the parties on all or part of the issues where […]
WINBERG v. UNIVERSITY OF MINNESOTA, 485 N.W.2d 325 (Minn.App. 1992)
Roger L. WINBERG, Respondent (CX-91-2009), George Martin, Jr., Respondent (C3-91-2224), v. UNIVERSITY OF MINNESOTA, Relator (CX-91-2009), Appellant (C3-91-2224), Commissioner of Veterans Affairs, Respondent (CX-91-2009). Nos. C3-91-2224, CX-91-2009.Minnesota Court of Appeals. May 12, 1992. Review Granted July 16, 1992. Appeal from the District Court, Hennepin County, Robert H. Lynn, J. Page 326 Syllabus by the Court […]
STATE v. TRASK, 167 Minn. 304 (1926)
209 N.W. 18 STATE v. E.L. TRASK.[1] Nos. 25,281, 25,282.Supreme Court of Minnesota. May 14, 1926. [1] Reported in 209 N.W. 18. Valuations of taxable lands by trial judge sustained. In an application for judgment against lands for delinquent taxes it is held that the evidence sustains the trial court’s findings of value. Taxation, 37 […]
ASLAKSON v. STATE DEPARTMENT OF HIGHWAYS, 217 Minn. 524 (1944)
15 N.W.2d 22 KENNETH ASLAKSON v. STATE DEPARTMENT OF HIGHWAYS.[1] No. 33,696.Supreme Court of Minnesota. June 9, 1944. [1] Reported in 15 N.W.2d 22. Civil service — employments excepted from act — hirings by commissioner of highways creating employer-employe relationship. The state civil service act[2] applies generally to all employments in the state service except […]
STATE v. RAMIREZ, A10-373 (Minn.App. 1-18-2011)
State of Minnesota, Respondent, v. Domingo Zambrano Ramirez, Appellant. No. A10-373.Minnesota Court of Appeals. Filed January 18, 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 […]
STATE v. DAVIS, A10-1314 (Minn.App. 5-23-2011)
State of Minnesota, Respondent, v. Ronald Dean Davis, Appellant. No. A10-1314.Minnesota Court of Appeals. Filed May 23, 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 […]
MILLER v. FOLEY, 317 N.W.2d 710 (Minn. 1982)
Susan D. MILLER, et al., Respondents, v. Tom FOLEY, County Attorney, et al., Appellants. No. 81-1223.Supreme Court of Minnesota. April 2, 1982. Appeal from the District Court, Ramsey County, J. Jerome Plunkett, J. Page 711 Syllabus by the Court Employee termination does not legally justify the extraordinary relief of a temporary injunction where the harm […]
REID v. MINNEAPOLIS RAINY RIVER RAILWAY CO., 179 Minn. 110 (1929)
228 N.W. 548 JAMES REID v. MINNEAPOLIS RAINY RIVER RAILWAY COMPANY.[1] No. 27,616.Supreme Court of Minnesota. December 27, 1929. [1] Reported in 228 N.W. 548. Statute governing railroad right of way and station grounds on state lands. 1(a) Under G. S. 1923 (2 Mason, 1927) §§ 7502, 7503, a railroad company may acquire from the […]
TREINEN v. NORTHERN STATES POWER CO., A08-0159 (Minn.App. 1-27-2009)
Daniel Treinen, et al., Respondents, v. Northern States Power Company d/b/a Xcel Energy, et al., Defendants, and Northern States Power Company, d/b/a Xcel Energy, Third Party Plaintiff, v. Donovan Construction Company, third party defendant, Appellant. No. A08-0159.Minnesota Court of Appeals. Filed January 27, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing […]
JOHNSON CARPET COMMERCIAL SERV. v. NETT, 363 N.W.2d 854 (Minn.App. 1985)
JOHNSON CARPET COMMERCIAL SERVICES, Relator, v. Earl K. NETT, Department of Economic Security, Respondents. No. C2-84-1949.Minnesota Court of Appeals. March 12, 1985. Appeal from the Commissioner of Economic Security. Syllabus by the Court Claimant Earl Nett voluntarily terminated his employment without good cause attributable to his employer and is disqualified from the receipt of unemployment […]
RAICHE v. LICKTEIG, A07-1120 (Minn.App. 6-10-2008)
Richard L. Raiche, d/b/a Quality Basement Waterproofing, Respondent, v. Thomas B. Lickteig, Appellant. No. A07-1120.Minnesota Court of Appeals. Filed: June 10, 2008. Appeal from the District Court Hennepin County, Hon. Patricia Kerr Karasov. RECENT ORDER OPINIONS NATALIE E. HUDSON, Judge. Affirmed. Page 1
STATE v. LEE, 706 N.W.2d 491 (Minn. 2005)
STATE of Minnesota, Appellant, v. Dennis Gordon LEE, Respondent. No. A04-1402.Supreme Court of Minnesota. December 8, 2005. Appeal from the District Court, Todd County, Sally Ireland Robertson, J. Page 492 Syllabus by the Court Under the rules of criminal procedure, an order for a stay of adjudication is a pretrial order appealable by the state, […]
STATE v. HAMMERSCHMIDT, A08-1400 (Minn.App. 3-17-2009)
State of Minnesota, Plaintiff, v. Steven Charles Hammerschmidt, Drfendant. No. A08-1400.Minnesota Court of Appeals. Filed: March 17, 2009. Appeal from the District Court, Hennepin County, Hon. Marilyn Brown Rosenbaum. RECENT ORDER OPINIONS GATY L. CRIPPEN, Judge.[*] [*] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const art. VI, § […]
STATE v. NIEMI, C5-99-329 (Minn.App. 5-18-1999)
STATE OF MINNESOTA, Respondent, v. EDSEL CLARK NIEMI, Appellant. No. C5-99-329.Minnesota Court of Appeals. Filed May 18, 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 […]
GILLILAND v. PORT AUTH. OF CITY OF ST. PAUL, 270 N.W.2d 743 (Minn. 1978)
Mary J. GILLILAND, et al., Appellants, Vi Palo, Plaintiff, v. PORT AUTHORITY OF the CITY OF ST. PAUL, Respondent, Clayton G. Rein, individually, and as Agent for C. G. Rein Company, etc., et al., Respondents. No. 48560.Supreme Court of Minnesota. June 16, 1978. Appeal from the District Court, Ramsey County, J. Jerome Plunkett, J. Page […]
CLARK v. BULLARD, 396 N.W.2d 41 (Minn.App. 1986)
In re the Marriage of Charles B. CLARK, petitioner, Respondent, v. Mary Ann BULLARD, f.k.a. Mary Ann Clark, Appellant. No. C7-86-574.Minnesota Court of Appeals. November 10, 1986. Appeal from the District Court, Wright County, Bruce Douglas, J. On remand, 358 N.W.2d 438. Page 42 Syllabus by the Court 1. The trial court did not abuse […]
IN RE WELFARE OF KIMBERLY FISH, 288 Minn. 512 (1970)
179 N.W.2d 175 IN RE WELFARE OF KIMBERLY FISH AND OTHERS. HENNEPIN COUNTY WELFARE DEPARTMENT v. JOAN FISH. No. 41896.Supreme Court of Minnesota. July 31, 1970. Parent and child — termination of parental rights — propriety. Appeal by Joan Fish from an order of the Hennepin County District Court, Lindsay G. Arthur, Judge, terminating her […]
STATE v. JOHNSON, C3-98-1145 (Minn.App. 4-13-1999)
State of Minnesota, Respondent, v. Dale Carroll Johnson, Appellant. No. C3-98-1145.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 […]
MATTER OF ATKINSON, 443 N.W.2d 864 (Minn.App. 1989)
In the Matter of Timothy ATKINSON. No. C7-89-959.Minnesota Court of Appeals. August 15, 1989. Review Denied October 13, 1989. Appeal from the District Court, Hennepin County, Patricia L. Belois, J. Syllabus by the Court 1. In appealing from an order of involuntary commitment as mentally retarded, appellant may not challenge the actions of the Faribault […]
LICKFETT v. JORGENSON, 179 Minn. 321 (1930)
229 N.W. 138 HERMAN LICKFETT v. CHARLES JORGENSON AND ANOTHER.[1] No. 27,649.Supreme Court of Minnesota. February 7, 1930. [1] Reported in 229 N.W. 138. Time allowed to review award of compensation. 1. An order of the industrial commission for an award or disallowance of compensation cannot be reviewed on certiorari after the expiration of 30 […]
STATE v. SPAETH, 552 N.W.2d 187 (Minn. 1996)
STATE of Minnesota, Respondent, v. David Arthur SPAETH, Appellant. No. C9-95-1376.Supreme Court of Minnesota. July 11, 1996. Appeal from the District Court, Hennepin County, William S. Posten, J. Page 188 Syllabus by the Court 1. Appellant’s convictions for first-degree murder in violation of Minn.Stat. 609.185(3) (1994) and first-degree burglary in violation of Minn.Stat. § 609.582, […]
SAFO v. PROFESSIONAL WAREHOUSE, A07-0994 (Minn.App. 6-24-2008)
Karla E. Safo, Relator, v. Professional Warehouse, Respondent, Department of Employment and Economic Development, Respondent. No. A07-0994.Minnesota Court of Appeals. Filed June 24, 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. […]
ANGELL v. HENNEPIN COUNTY, 565 N.W.2d 475 (Minn.App. 1997)
Kathy Ruth ANGELL, Appellant, v. HENNEPIN COUNTY, et al., Defendants, The Hennepin County Regional Rail Authority, Respondent. No. C6-97-75.Minnesota Court of Appeals. July 8, 1997. Review Granted September 4, 1997. Appeal from the District Court, Hennepin County, Peter Albrecht, J. Page 476 Syllabus by the Court I. Decisions intended to implement policy objectives contained in […]
O’NEILL v. BNSF RAILWAY COMPANY, A10-1987 (Minn.App. 9-12-2011)
Charles B. O’Neill, Appellant, v. BNSF Railway Company, a Delaware corporation, Respondent. No. A10-1987.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 […]
STATE v. TAVERAS, A07-0747 (Minn.App. 9-9-2008)
State of Minnesota, Respondent, v. Waldys Taveras, Appellant. No. A07-0747.Minnesota Court of Appeals. Filed September 9, 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, […]
O’ROURKE v. NORTH STAR CHEMICALS, INC., 281 N.W.2d 192 (Minn. 1979)
Kathleen Sharpe O’ROURKE, Widow of Leo Francis O’Rourke, Deceased, Respondent, v. NORTH STAR CHEMICALS, INC., et al., Relators. No. 48512.Supreme Court of Minnesota. June 22, 1979. Ronald O. W. Ylitalo, St. Paul, for relators. Richard C. Smith, Minneapolis, for respondent. Considered and decided by the court without oral argument. SHERAN, Chief Justice. The employer and […]
IN RE J.T.S., A07-1209 (Minn.App. 8-12-2008)
In the Matter of the Welfare of: J.T.S. No. A07-1209.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 Court, […]
BOYCE v. HERZBERG, 296 Minn. 52 (1973)
206 N.W.2d 548 DIANE K. BOYCE v. ARTHUR A. HERZBERG. No. 43654.Supreme Court of Minnesota. April 6, 1973. Automobiles — negligence of drivers — apportionment. Damages — claimed inadequacy — propriety of additur. The evidence is sufficient to sustain the jury verdict apportioning negligence between two automobile drivers, 60 percent to defendant and 40 percent […]
LUGER v. CITY OF BURNSVILLE, 295 N.W.2d 609 (Minn. 1980)
David E. LUGER, Appellant, v. CITY OF BURNSVILLE, Respondent. No. 50321.Supreme Court of Minnesota. July 3, 1980. Appeal from the District Court, Dakota County, Raymond Pavlak, J. Page 610 Syllabus by the Court Where no statute or ordinance permits or requires neighborhood consent to a zoning variance, a city council may not require every abutting […]
IN MATTER OF CIVIL COMMITMENT OF NOTCH, A03-936 (Minn.App. 1-13-2004)
In the Matter of the Civil Commitment of: Steven George Notch. No. A03-936.Minnesota Court of Appeals. Filed January 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from […]
CHURCH MUT. v. REDEEMER LUTHERAN CHURCH, C0-97-2002 (Minn.App. 4-28-1998)
CHURCH MUTUAL INSURANCE COMPANY, Appellant, v. REDEEMER LUTHERAN CHURCH, ET AL., Respondents. No. C0-97-2002.Minnesota Court of Appeals. Filed April 28, 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. RIDDLE, A09-526 (Minn.App. 3-9-2010)
State of Minnesota, Respondent, v. Derrick Lee Riddle, Appellant. No. A09-526.Minnesota Court of Appeals. Filed March 9, 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. STROTHER, 354 N.W.2d 875 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Frank STROTHER, Appellant. No. CO-84-346.Minnesota Court of Appeals. September 25, 1984. Appeal from the District Court, Hennepin County, Doris Ohlsen Huspeni, J. Syllabus by the Court Evidence was sufficient to convict appellant of aiding, advising or conspiring to commit a simple robbery. Hubert H. Humphrey, III, Atty. Gen., Thomas L. […]
ARMCO STEEL CORP. v. CHICAGO N.W. RY. CO., 276 Minn. 133 (1967)
149 N.W.2d 23 ARMCO STEEL CORPORATION, METAL PRODUCTS DIVISION, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY AND OTHERS. No. 40,290.Supreme Court of Minnesota. February 24, 1967. Mechanics lien — nature — construction of statutes. 1. Mechanics lien laws are remedial in nature and should be liberally construed so as to protect the rights of workmen […]
MANGOS v. MANGOS, 264 Minn. 198 (1962)
117 N.W.2d 916 NICKE G. MANGOS, INDIVIDUALLY AND AS EXECUTRIX OF ESTATE OF GUS G. MANGOS, v. CHRISAFO MANGOS AND ANOTHER, EXECUTORS OF ESTATE OF PETER G. MANGOS. No. 38,693.Supreme Court of Minnesota. November 16, 1962. Partnership — accounting — review — sufficiency of evidence. 1. In an action for a partnership accounting and damages […]
IN RE BIEGANOWSKI, 520 N.W.2d 525 (Minn.App. 1994)
In re Barry Michael BIEGANOWSKI, Alleged Psychopathic Personality. No. C2-94-544.Minnesota Court of Appeals. August 23, 1994. Review Denied October 27, 1994. Appeal from the District Court, Anoka County, Edward W. Bearse, J. Syllabus by the Court 1. The trial court decision to allow a witness to testify by telephone over objection was an abuse of […]
IN MATTER OF A.D.U. v. KALLEVIG, A09-1555 (Minn.App. 6-15-2010)
In the Matter of: A.D.U., petitioner, Respondent, v. Dane Martin Kallevig, Appellant. No. A09-1555.Minnesota Court of Appeals. Filed June 15, 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 […]
STATE v. VOHNOUTKA, 292 N.W.2d 756 (Minn. 1980)
STATE of Minnesota, Appellant, v. Randall George VOHNOUTKA, Respondent. No. 51149.Supreme Court of Minnesota. May 9, 1980. Appeal from the District Court, Scott County, John M. Fitzgerald, J. Syllabus by the Court Police officer, while standing in place in which he had a right to be next to automobile which had not been stopped by […]
MacILLRAVIE v. ST. BARNABAS HOSPITAL, 231 Minn. 384 (1950)
43 N.W.2d 221 MARIE MacILLRAVIE v. ST. BARNABAS HOSPITAL.[1] No. 35,161.Supreme Court of Minnesota. June 16, 1950. [1] Reported in 43 N.W.2d 221. New trial — setting aside second verdict — excessiveness of award. 1. It is the peculiar province of the jury to assess the amount of damages, and where the evidence does not […]
LARSON v. LARSON, 383 N.W.2d 18 (Minn.App. 1986)
In re the Marriage of IdellAnn LARSON, Petitioner, Appellant, v. Roger Dale LARSON, Respondent. No. C1-85-1399.Minnesota Court of Appeals. March 11, 1986. Appeal from the County Court, St. Louis County, Eldon J. Hall, J. Syllabus by the Court 1. A trial court has broad discretion in the division of property, and its decision will be […]
STATE v. QUICK, 659 N.W.2d 701 (Minn. 2003)
State of Minnesota, Respondent, vs. Jon Earl Quick, Appellant. No. C0-02-86.Supreme Court of Minnesota. Filed: April 10, 2003. Appeal from the District Court, Norman County. Page 702 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 703 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
FRITZ v. SCHROEDER, C8-02-1521 (Minn.App. 6-3-2003)
James P. Fritz, Appellant, vs. Dorothy M. Schroeder, et al., Respondents. No. C8-02-1521.Minnesota Court of Appeals. Filed June 3, 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 […]
STATE v. BUTALA, C4-02-1919 (Minn.App. 9-9-2003)
State of Minnesota, Respondent, v. Brian Cayce Butala, Appellant. No. C4-02-1919.Minnesota Court of Appeals. Filed September 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 […]
BELLMAN v. POSNICK, 233 Minn. 268 (1951)
46 N.W.2d 475 BENJAMIN BELLMAN v. DAVID POSNICK AND ANOTHER.[1] No. 35,289.Supreme Court of Minnesota. February 23, 1951. [1] Reported in 46 N.W.2d 475. Automobile — right of way at intersection — statutory provisions construed. 1. The provisions of M.S.A. 169.20 should be construed to mean that where two automobiles approach an intersection so nearly […]
ZAK v. GYPSY, 279 N.W.2d 60 (Minn. 1979)
Terrance ZAK, Respondent, v. GYPSY (Uninsured), Respondent, and State Treasurer, Custodian of the Special Compensation Fund, Relator. No. 48835.Supreme Court of Minnesota. April 27, 1979. Order Filed May 2, 1979. Page 61 Syllabus by the Court 1. The rock band group calling itself “Gypsy” is an employer within the meaning of Minn.ST. 176.011, subd. 10. […]
STONE v. CHICAGO NORTH WESTERN RAILWAY CO., 176 Minn. 104 (1928)
222 N.W. 641 LAURA STONE v. CHICAGO NORTH WESTERN RAILWAY COMPANY.[1] No. 26,970.Supreme Court of Minnesota. December 21, 1928. [1] Reported in 22 N.W. 641. Actions under federal employers liability act. 1. Actions under the federal employers liability act are governed by that act and by the principles of the common law as established and […]