Glenn M. HELLER, Applicant for Intervention, Appellant (C3-95-2247), Patsy Loverude and Her Minor Children, et al., and Tessa L. Koller, a Minor by Her Mother Margaret R. Koller, Applicants for Intervention, Appellants (C5-95-2590), Harold Eugene McDowell, et al., Respondents (C3-95-2247), Plaintiffs (C5-95-2590), v. SCHWAN’S SALES ENTERPRISES, INC., Respondent. Nos. C3-95-2247, C5-95-2590.Minnesota Court of Appeals. May […]
Category: Minnesota Court Opinions
BLAESER v. GAMMELLO SANDELIN, C3-98-2375 (Minn.App. 6-29-1999)
Geraldine E. Blaeser, Relator, v. Gammello Sandelin, PA, Respondent, Commissioner of Economic Security, Respondent. No. C3-98-2375.Minnesota Court of Appeals. Filed June 29, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
ANDERSON v. LUTHERAN DEACONESS HOSPITAL, 257 N.W.2d 561 (Minn. 1977)
Keith ANDERSON, et al., Appellants, v. LUTHERAN DEACONESS HOSPITAL, Respondent, Dr. Louis A. Benesh, et al., Respondents. No. 47064.Supreme Court of Minnesota. August 12, 1977. Appeal from the District Court, Hennepin County, Crane Winton, J. Syllabus by the Court Plaintiff was a minor when the instant cause of action accrued. Because he was 20 years […]
IN RE GHERITY, 424 N.W.2d 63 (Minn. 1988)
In re Petition for Disciplinary Action against David J. GHERITY, an Attorney at Law of the State of Minnesota. No. C5-87-1684.Supreme Court of Minnesota. May 23, 1988. ORDER The Director of Lawyers Professional Responsibility filed a petition alleging that the respondent David J. Gherity had violated certain rules of professional conduct with respect to harassing […]
ADAMS v. STATE, A04-1780 (Minn. 5-17-2005)
Larry Michael Adams v. State. No. A04-1780.Supreme Court of Minnesota. May 17, 2005. Order on petition for further review Granted/Stayed.
DOE v. BRAINERD INTERN. RACEWAY, INC., 514 N.W.2d 811 (Minn.App. 1994)
Jane DOE, Appellant, v. BRAINERD INTERNATIONAL RACEWAY, INC., Respondent, North Country Security, Inc., Respondent. No. C4-93-1734.Minnesota Court of Appeals. April 12, 1994. Review Granted June 15, 1994. Appeal from the District Court, Hennepin County, Marilyn Rosenbaum, J. Page 812 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
MAURER v. MAURER, 607 N.W.2d 176 (Minn.App. 2000)
In re the Marriage of Rosemary Ann MAURER, petitioner, Appellant, v. Michael Patrick MAURER, Respondent. No. C7-99-1319.Minnesota Court of Appeals. March 14, 2000. Appeal from the District Court, Benton County, James W. Hollihan, J. Page 177 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
ROGGE v. GREAT NORTHERN RAILWAY CO., 233 Minn. 255 (1951)
47 N.W.2d 475 IRMA ROGGE v. GREAT NORTHERN RAILWAY COMPANY. HERMAN ROGGE v. SAME.[1] Nos. 35,270, 35,271.Supreme Court of Minnesota. February 23, 1951. [1] Reported in 47 N.W.2d 475. Railroad — crossing — collision between auto and train — duty of motorist to look and presumption from failure to do so. 1. Where the evidence […]
AUTOMATED BLDG. COMPONENTS v. NEW HORIZON, 514 N.W.2d 826 (Minn.App. 1994)
AUTOMATED BUILDING COMPONENTS, INC., et al., Plaintiffs, v. NEW HORIZON HOMES, INC., et al., Defendants, Michael F. Donnelly, et al., Appellants, DayCo Concrete Company, Inc., Respondent. No. C7-93-2036.Minnesota Court of Appeals. April 12, 1994. Review Denied June 15, 1994. Appeal from the District Court, Washington County, Thomas G. Armstrong, J. Page 827 Syllabus by the […]
GRINOLDS v. INDEPENDENT SCHOOL DIST. NO. 597, 346 N.W.2d 123 (Minn. 1984)
Donald E. GRINOLDS, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 597, ERSKINE, Mn, Respondent. No. C7-83-382.Supreme Court of Minnesota. March 23, 1984. Rehearing Denied April 17, 1984. Page 124 Syllabus by the Court 1. Minn.Stat. § 123.34 does not give a school board the inherent managerial authority to terminate a superintendent without granting that person a […]
ROCHESTER BANK TRUST CO. v. COM’R OF REVENUE, 305 N.W.2d 776 (Minn. 1981)
ROCHESTER BANK TRUST COMPANY, Respondent, v. The COMMISSIONER OF REVENUE, Relator. No. 50795.Supreme Court of Minnesota. May 15, 1981. Page 777 Warren Spannaus, Atty. Gen., and James W. Neher, Sp. Asst. Atty. Gen., Dept. of Revenue, St. Paul, for relator. Richard H. Plunkett, Rochester, for respondent. Considered and decided by the court en banc without […]
STATE v. ELLIS, A08-0924 (Minn.App. 1-19-2010)
State of Minnesota, Respondent, v. Donnell Ellis, Appellant. Nos. A08-0924, A09-0759.Minnesota Court of Appeals. Filed: January 19, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
STATE v. LIDEL, A06-2219 (Minn.App. 5-27-2008)
State of Minnesota, Respondent, v. Darryl W. Lidel, Appellant. No. A06-2219.Minnesota Court of Appeals. Filed May 27, 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 […]
BAKKEN v. COUNTY OF CASS, A06-1216 (Minn.App. 6-5-2007)
Alan and Sheila Bakken, husband and wife, Appellants, v. County of Cass of the State of Minnesota, Respondent. No. A06-1216.Minnesota Court of Appeals. Filed: June 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. […]
STATE v. SMITH, C6-02-254 (Minn.App. 12-17-2002)
State of Minnesota, Respondent, v. Juan Michael Smith, Appellant. No. C6-02-254.Minnesota Court of Appeals. Filed December 17, 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 (2002). Appeal from the District […]
NORTH PRIOR v. OUTSOURCING SOLUTIONS, C8-02-1437 (Minn.App. 4-29-2003)
North Prior, L.L.C., a Delaware limited liability company, Appellant, vs. Outsourcing Solutions, Inc., a Delaware corporation, Respondent, Sterling Roseville, L.L.C., a Delaware limited liability company, Respondent. No. C8-02-1437.Minnesota Court of Appeals. Filed April 29, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
LEBEAU v. MANKATO STATE UNIV., C5-97-195 (Minn.App. 10-7-1997)
Ellsworth LeBeau, Appellant, v. Mankato State University, Respondent. No. C5-97-195.Minnesota Court of Appeals. Filed October 7, 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, […]
BANK OF DASSEL v. MARCH, 183 Minn. 127 (1931)
235 N.W. 914 BANK OF DASSEL, BY A. J. VEIGEL, v. C. H. MARCH.[1] No. 28,113.Supreme Court of Minnesota. March 27, 1931. [1] Reported in 235 N.W. 914. Liability of transferor of stock in state bank. 1. The liability of a stockholder in a state bank who transfers his stock is not fixed by Const. […]
PORRO v. PORRO, C3-02-647 (Minn.App. 11-26-2002)
Robert Porro, petitioner, Appellant, v. Rhonda Porro, Respondent. No. C3-02-647.Minnesota Court of Appeals. Filed November 26, 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 (2002). Appeal from the District Court, […]
STATE v. MARINO, A07-1129 (Minn.App. 9-16-2008)
State of Minnesota, Respondent, v. Jason Patrick Marino, Appellant. No. A07-1129.Minnesota Court of Appeals. Filed September 16, 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 […]
ROETTGER v. UNITED HOSPITALS OF ST. PAUL, 380 N.W.2d 856 (Minn.App. 1986)
Thomas C. ROETTGER and Diane D. Roettger, Respondents, v. UNITED HOSPITALS OF ST. PAUL, INC., Appellant. No. C4-85-1283.Minnesota Court of Appeals. February 4, 1986. Appeal from the District Court, Ramsey County, Harold Schultz, J. Page 857 Syllabus by the Court 1. The evidence was sufficient to create a jury question regarding the adequacy and reasonableness […]
ANDERSON v. FOLEY INDEP. S.D. NO. 51, C2-96-371 (Minn.App. 9-10-1996)
Candace E. Anderson,, Relator, v. Foley Independent School District No. 51, Respondent, Commissioner of Economic Security, Respondent. No. C2-96-371.Minnesota Court of Appeals. Filed September 10, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § […]
ABBOTT v. ABBOTT, 481 N.W.2d 864 (Minn.App. 1992)
In re the Marriage of Joan Gary ABBOTT, Petitioner, Respondent, v. Richard James ABBOTT, Appellant. No. C0-91-2021.Minnesota Court of Appeals. March 10, 1992. Appeal from the District Court, Beltrami County, Terrance C. Holter, J. Page 865 Syllabus by the Court 1. Following an evidentiary hearing on a child custody modification motion, the trial court must […]
HODGIN v. DUDYNSKY, CX-95-2598 (Minn.App. 6-4-1996)
GLENN L. HODGIN, Appellant, AUDREY MARIE HODGIN, Plaintiff, v. NATALIE MARIE DUDYNSKY, ET AL., Respondents. No. CX-95-2598.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. […]
JENSVOLD v. PROVIDENT L. A. INS. CO., 191 Minn. 122 (1934)
253 N.W. 535 CARL L. JENSVOLD v. PROVIDENT LIFE ACCIDENT INSURANCE COMPANY.[1] No. 29,766.Supreme Court of Minnesota. March 2, 1934. [1] Reported in 253 N.W. 535. Insurance — accident — liability of insurer — evidence — notice — time. The evidence sufficiently supported the findings that, under the terms of a limited accident policy, plaintiff […]
PIETSCH v. MINN. BD. OF CHIROPRACTIC EXAMINERS, 683 N.W.2d 303 (Minn. 2004)
David M. Pietsch, D.C., et al., Appellants, vs. Minnesota Board of Chiropractic Examiners, Respondent. No. C6-02-2117.Supreme Court of Minnesota. Filed: July 22, 2004. Appeal from the Minnesota Court of Appeals. SYLLABUS The use of “runners” or “cappers” to solicit accident victims, without more, does not constitute unprofessional conduct in violation of Minn. Stat. § 148.10, […]
IN RE ADOPTION OF C.H., 548 N.W.2d 292 (Minn.App. 1996)
In re the ADOPTION OF C.H. and In re the ADOPTION OF A.H. No. C0-96-62.Minnesota Court of Appeals. May 28, 1996. Review Granted August 6, 1996. Appeal from the District Court, Chisago County, James Reuter, J. Page 293 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
KEMMERER v. STATE FARM INS. COMPANIES, 513 N.W.2d 838 (Minn.App. 1994)
Thomas KEMMERER, Respondent, v. STATE FARM INSURANCE COMPANIES, Appellant. No. C5-93-1578.Minnesota Court of Appeals. March 29, 1994. Review Denied June 2, 1994. Appeal from the District Court, Ramsey County, John Connolly, J. Page 839 Syllabus by the Court Where the door of a truck topper causes a rope securing a load to break and result […]
STATE v. REARDON, 245 Minn. 509 (1955)
73 N.W.2d 192 STATE v. A. E. REARDON.[1] No. 36,539.Supreme Court of Minnesota. November 25, 1955. [1] Reported in 73 N.W.2d 192. Criminal law — trial — argument of prosecuting attorney — reference to plea of guilty. 1. Where defendant had entered plea of guilty which was withdrawn on order of court, it was prejudicial […]
STOKKE v. MIKKELSEN, 185 Minn. 28 (1931)
239 N.W. 658 JOHN J. STOKKE v. OLE MIKKELSEN.[1] No. 28,615.Supreme Court of Minnesota. December 18, 1931. [1] Reported in 239 N.W. 658. Mortgage — action to have deed declared a mortgage. 1. In this action to have a deed declared a mortgage and plaintiff adjudged the owner of the premises subject thereto, the finding […]
STATE v. LINDBERG, A07-0489 (Minn.App. 8-12-2008)
State of Minnesota, Respondent, v. Jon Lorne Lindberg, Appellant. No. A07-0489.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 […]
SCHOOL SERVICE EMPL. v. INDEP. SCH. DIST., A05-703 (Minn.App. 4-4-2006)
School Service Employees Local 284, a/k/a Service Employees International Union, Local 284, et al., petitioners, Respondents, v. Independent School District No. 728, Elk River, Minnesota, Appellant. No. A05-703.Minnesota Court of Appeals. Filed April 4, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
IN RE CHAMPLIN v. CHAMPLIN, C1-98-642 (Minn.App. 9-15-1998)
In Re the Marriage of: Beth Anne Champlin, petitioner, Respondent, v. Glenn Martin Champlin, Appellant. AND In the Matter of: Beth Anne Champlin, petitioner, Respondent, vs. Glenn Martin Champlin, Appellant. No. C1-98-642, C6-98-653.Minnesota Court of Appeals. Filed September 15, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will […]
IN RE CONSERVATORSHIP OF DELANEY, C1-96-2497 (Minn.App. 7-22-1997)
IN RE: CONSERVATORSHIP OF GERTRUDE ELIZABETH DELANEY, Conservatee. No. C1-96-2497.Minnesota Court of Appeals. Filed July 22, 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, […]
HAUS CX v. MINNESOTA REBAR CX, 497 N.W.2d 249 (Minn. 1993)
Scott W. HAUS, Respondent (C6-92-1109, CX-92-1128), v. MINNESOTA REBAR and St. Paul Fire Marine Insurance Co., Relators (C6-92-1109), Respondents (CX-92-1128), and Interstate Rehabilitation Center and Employers Insurance of Wausau, Respondents (C6-92-1109), Relators (CX-92-1128), and Minnesota Department of Jobs and Training/DRS, intervenor, Respondent (C6-92-1109, CX-92-1128), Minnesota Department of Jobs and Training/UI, intervenor, Respondent (C6-92-1109, CX-92-1128), and […]
HENDERSON v. CITY OF ST. PAUL, 236 Minn. 353 (1952)
53 N.W.2d 21 LETTISHA HENDERSON v. CITY OF ST. PAUL AND OTHERS.[1] No. 35,635.Supreme Court of Minnesota. April 18, 1952. [1] Reported in 53 N.W.2d 21. School and school district — teacher — transfer to another position — authority of superintendent under city ordinance. 1. Under ordinance No. 8824, c. I, § 4, subsection 5, […]
STATE v. RUDOLPH, 203 Minn. 101 (1938)
280 N.W. 1 STATE v. ROBERT RUDOLPH.[1] No. 31,689.Supreme Court of Minnesota. June 10, 1938. [1] Reported in 280 N.W. 1. Bastard — proceedings — venue. 1. A defendant in a bastardy proceeding who fails to move for a change of venue before trial cannot at the trial in the district court challenge its jurisdiction […]
HARMS v. INDEPENDENT SCHOOL DIST. 300, 441 N.W.2d 522 (Minn.App. 1989)
Howard E. HARMS, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 300, LACRESCENT, Minnesota, Respondent. No. CX-88-2226.Minnesota Court of Appeals. June 6, 1989. Appeal from the District Court, Houston County, Lawrence T. Collins, J. Syllabus by the Court Reasonable realignment of the teaching staff is required prior to reinstating a teacher from unrequested leave of absence. Michael […]
STATE v. SCHISSEL, A10-1037 (Minn.App. 4-19-2011)
State of Minnesota, Respondent, v. Peter Michael Schissel, Appellant. No. A10-1037.Minnesota Court of Appeals. Filed: April 19, 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. SENSKE, A03-1677 (Minn.App. 6-29-2004)
State of Minnesota, Respondent, v. William Senske, Appellant. No. A03-1677.Minnesota Court of Appeals. Filed June 29, 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 District Court, Ramsey […]
STATE v. YURKIEWICZ, 212 Minn. 208 (1942)
3 N.W.2d 775 STATE v. MAX YURKIEWICZ (ALSO KNOWN AS YORK).[1] No. 32,915.Supreme Court of Minnesota. March 27, 1942. [1] Reported in 3 N.W.2d 775. Criminal law — evidence of similar crimes showing common scheme — admissibility. 1. Where evidence of other similar crimes shows a common scheme or related crimes tending to prove the […]
RUDDY v. STATE FARM MUTUAL AUTOMOBILE, 596 N.W.2d 679 (Minn.App. 1999)
Mary Kay Ruddy, et al., Appellants v. State Farm Mutual Automobile Insurance Company, Respondent. No. C0-99-142.Minnesota Court of Appeals. Filed July 20, 1999. Review Denied September 28, 1999.[*] [*] Stringer, J., took no part in the consideration or decision of this case. Appealed from Hennepin County District Court, Beryl Nord, J., File No. 9721745. Page […]
LANG v. CITY OF MAPLEWOOD, 574 N.W.2d 451 (Minn.App. 1998)
Richard J. LANG, Appellant, v. CITY OF MAPLEWOOD, Respondent. No. C5-97-1315.Minnesota Court of Appeals. February 17, 1998. Review Denied April 14, 1998. Appeal from the District Court, Ramsey County, Kenneth Fitzpatrick, J. Page 452 Syllabus by the Court 1. An employee who applies for and receives total disability benefits and concedes he is totally disabled […]
MATTER OF SANDY PAPPAS SENATE COMMITTEE, 478 N.W.2d 337 (Minn.App. 1991)
In the MATTER OF a Complaint Against the SANDY PAPPAS SENATE COMMITTEE. No. C7-91-1898.Minnesota Court of Appeals. December 17, 1991. Review Granted January 22, 1992. Page 338 Syllabus by the Court Complainant before the Minnesota Ethical Practices Board has standing to appeal from a final decision of the board. Raymond Faricy, Jr., St. Paul, for […]
CARRICK v. CARRICK, 560 N.W.2d 407 (Minn.App. 1997)
In re the Marriage of Richard Aitkin CARRICK, III, Petitioner, Respondent, v. Ro Ann CARRICK, Appellant. No. C9-96-1596.Minnesota Court of Appeals. April 1, 1997. Appeal from the District Court, Anoka County, Ellen L. Maas, J. Page 408 Syllabus by the Court 1. In determining spousal maintenance at the time of dissolution of marriage, a trial […]
ROBERTSON v. ROTH, 163 Minn. 501 (1925)
204 N.W. 329 RUDOLPH A. ROBERTSON v. WILLIAM ROTH.[1] No. 24,669.Supreme Court of Minnesota. June 19, 1925. [1] Reported in 204 N.W. 329. When marriage may be annulled for fraud. 1. When the consent of a party to a marriage contract has been obtained by fraud, and there is no subsequent voluntary cohabitation of the […]
CITY OF BLOOMINGTON v. OREST ASSOCIATES, A08-204 (Minn. 3-17-2009)
City of Bloomington, Minnesota v. Orest Associates, et al., BP Products North America, Inc., William J. Townsend. No. A08-204.Supreme Court of Minnesota. Filed: March 17, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
FINNE v. STATE, 648 N.W.2d 732 (Minn.App. 2002)
Mary Ann Finne, petitioner, Appellant, vs. State of Minnesota, Respondent. No. C6-01-2110.Minnesota Court of Appeals. Filed: August 6, 2002. Appeal from the District Court, Olmsted County, Joseph F. Wieners, J., File No. K2-99-0097. Page 733 SYLLABUS 1. A defendant who dismisses public defense counsel, gets a continuance to obtain private counsel, fails to follow through, […]
BARTCH v. STATE OF MINNESOTA, C0-97-489 (Minn.App. 11-18-1997)
KIRK JAMES BARTCH, petitioner, Appellant, v. STATE OF MINNESOTA, Respondent. No. C0-97-489.Minnesota Court of Appeals. Filed November 18, 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 […]
COURY v. DAKOTA COUNTY BOARD OF COMMISSIONERS, A05-2180 (Minn. 10-25-2006)
Jeffrey Coury v. Dakota County Board of Commissioners. No. A05-2180.Supreme Court of Minnesota. Filed October 25, 2006. Order on Petition For Further Review Denied.
DLJ MORTGAGE CAPITAL v. ST. PAUL CITY COU., A06-2118 (Minn.App. 2-26-2008)
DLJ Mortgage Capital, Inc., Relator, v. St. Paul City Council, Respondent. No. A06-2118.Minnesota Court of Appeals. February 26, 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 […]
ROHLING v. ROHLING, 363 N.W.2d 62 (Minn.App. 1985)
In re the Marriage of Mabel M. ROHLING, Petitioner, Respondent, v. Carl B. ROHLING, Appellant. No. C9-84-1060.Minnesota Court of Appeals. February 12, 1985. Review Granted April 26, 1985. Appeal from the District Court, Stearns County, Bernard Boland, J. Syllabus by the Court 1. The trial court abused its discretion in including distributed retirement funds in […]
MILLER v. COM’R OF PUBLIC SAFETY, 354 N.W.2d 573 (Minn.App. 1984)
Paul Marlow MILLER, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C0-83-2039.Minnesota Court of Appeals. September 18, 1984. Appeal from the County Court, Dakota County, George H. Hoey, J. Page 574 Syllabus by the Court Appellant was properly administered a preliminary breath test under the implied consent statute. Stephen R. O’Brien, Minneapolis, for appellant. Hubert […]
CLAY GROCERY CO. v. KENYON CANNING CORP., 198 Minn. 533 (1936)
270 N.W. 590 CLAY GROCERY COMPANY v. KENYON CANNING CORPORATION.[1] No. 30,944.Supreme Court of Minnesota. December 24, 1936. [1] Reported in 270 N.W. 590. Sale — contract for delivery of future goods — partial performance — defenses. Where the seller of “future goods” reserves the right to make proportionate deliveries among the buyers in the […]
CASTILLO-FERNANDEZ v. SENIOR, CX-99-2139 (Minn.App. 8-15-2000)
Hector E. Castillo-Fernandez, Relator, vs. Humboldt Senior, Respondent, Commissioner of Economic Security, Respondent. No. CX-99-2139.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). […]
WESTBERG v. JOHNSON BROS. H H CONSTRUCTORS, 264 N.W.2d 407 (Minn. 1978)
Frank WESTBERG, Respondent, v. JOHNSON BROS. H H CONSTRUCTORS, et al., Relators, Dunbrik Donstone Company, et al., Respondents, and State Treasurer, Custodian of the Special Compensation Fund, Respondent. No. 47903.Supreme Court of Minnesota. March 24, 1978. Page 408 Halverson, Watters, Bye Downs, and W. D. Watters, Duluth, for relators. Martin A. Rieschl, Duluth, for Westberg. […]
STATE v. BILL, C0-02-1514 (Minn.App. 4-15-2003)
State of Minnesota, Respondent, v. Michael T. Bill, Appellant. No. C0-02-1514.Minnesota Court of Appeals. Filed April 15, 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 […]
WOJAHN v. FAUL, 235 Minn. 397 (1952)
51 N.W.2d 97 JULIUS W. WOJAHN AND ANOTHER v. ANNA FAUL AND ANOTHER.[1] No. 35,591.Supreme Court of Minnesota. January 11, 1952. [1] Reported in 51 N.W.2d 97. Contract — consideration — sufficiency of allegation. 1. Upon demurrer to counterclaim for damages arising out of breach of an oral contract, allegation reciting transfer and receipt of […]
PETERS v. FENNER, 294 Minn. 488 (1972)
199 N.W.2d 795 EUGENE J. PETERS AND ANOTHER v. CLARENCE J. FENNER AND ANOTHER. No. 43424.Supreme Court of Minnesota. July 21, 1972. Specific performance — contract for deed — purchasers’ right to prepay balance due — right to attorneys’ fees. Action in the Dakota County District Court brought by Eugene J. Peters and Jeanette Peters […]
IN RE ESTATE OF CROSBY, 218 Minn. 149 (1944)
15 N.W.2d 501 IN RE ESTATE OF WILSON G. CROSBY. THOMAS C. CROSBY AND ANOTHER v. J. W. HUNT AND ANOTHER.[1] No. 33,736.Supreme Court of Minnesota. July 14, 1944. [1] Reported in 15 N.W.2d 501. Will — testamentary capacity — finding sustained. 1. In will contest, finding of testamentary capacity held sustained by evidence. Evidence […]
IN MATTER OF CADE, C5-97-1024 (Minn.App. 10-28-1997)
IN THE MATTER OF: CALVIN CADE. No. C5-97-1024.Minnesota Court of Appeals. Filed October 28, 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, Hennepin County, […]
AUTO-OWNERS INS. v. HEGGIE’S FULL HOUSE PIZZA, A03-316 (Minn.App. 10-7-2003)
Auto-Owners Insurance Company, et al., Appellants, vs. Heggie’s Full House Pizza, Inc., Respondent, Nova Industries, Inc., a Wisconsin corporation, Respondent, Bimet Corporation, an Illinois corporation, Respondent, M.H. Rhodes, Respondent. No. A03-316.Minnesota Court of Appeals. Filed October 7, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished […]
MATTER OF C.P.W., C6-99-596 (Minn. 11-23-1999)
In the Matter of the Welfare of: C.P.W. No. C6-99-596.Supreme Court of Minnesota. Date November 23, 1999. Denied
ED CAVE SONS v. CITY OF TWO HARBORS, A08-1888 (Minn.App. 9-17-2009)
Ed Cave Sons, Inc., et al., Appellants, v. City of Two Harbors, Respondent. No. A08-1888.Minnesota Court of Appeals. Filed September 17, 2009. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
ORDERS ON PETITIONS FOR FURTHER REVIEW (Minn. 9-25-2001)
ORDERS ON PETITIONS FOR FURTHER REVIEW FILEDSupreme Court of Minnesota. September 25, 2001 1. Oakland Home, Inc. v. Monticello Insurance C9-01-27 Denied Company 2. Gloria L. Kolton v. County of Anoka C1-00-2179 Granted 3. HazTran, Inc. v. German, Neil Hasbrouck, C2-00-1798 Denied Ltd. 4. Estate of Hazel Schilb v. Ojibwe Foundation C5-01-350 Denied of Sandy […]
GAMBLE v. SCHURKE, A07-0895 (Minn.App. 5-27-2008)
Richard P. Gamble, et al., Respondents, v. Susan Schurke, et al., Appellants. No. A07-0895.Minnesota Court of Appeals. Filed May 27, 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 […]
STATE v. ANDERSON, A10-470 (Minn. 7-19-2011)
State v. Alicia Venette Anderson. No. A10-470.Supreme Court of Minnesota. Filed July 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
ERICKSON v. BAKKE, 253 Minn. 577 (1958)
95 N.W.2d 656 LESLIE ERICKSON v. A. R. BAKKE AND ANOTHER. No. 37,171.Supreme Court of Minnesota. April 3, 1958. Appeal and error — decision by equally divided court. Action in the Hennepin County District Court wherein plaintiff sought to establish a joint venture between plaintiff and defendant A. R. Bakke and joint ownership of certain […]
STATE v. OTIS, 487 N.W.2d 928 (Minn.App. 1992)
STATE of Minnesota, Respondent, v. Timothy J. OTIS, Appellant. No. C9-91-2499.Minnesota Court of Appeals. August 18, 1992. Review Denied September 30, 1992. Appeal from the District Court, Dakota County, Martin J. Mansur, J. Page 929 Syllabus by the Court An “other individuals present” search warrant is unconstitutional where a sufficient nexus is not shown between […]
GRAHAM v. INDEPENDENT SCH. DIST. 625, A05-201 (Minn.App. 11-29-2005)
Teresa M. Graham, Appellant, v. Independent School District 625, a/k/a St. Paul Public School District, et al., Respondents. No. A05-201.Minnesota Court of Appeals. Filed November 29, 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. […]
HUTTNER v. STATE, 637 N.W.2d 278 (Minn.App. 2001)
Sandra Huttner, in her capacity as Trustee for the Heirs and Next of Kin of Delores Fenske, Decedent, and Joanne Kinne, Respondents (C9-01-416), Appellants (C6-01-437), vs. State of Minnesota, Ramsey County, Audrey Fischer, Kenneth Johnson, Leon Boeckmann, Behavioral Health Services, Inc., David L. Johnson, MD, and Larry Dewayne Davis, Jr., Appellants (C9-01-416), Respondents (C6-01-437). Nos. […]
IN RE MARRIAGE OF POWERS v. POWERS, A05-551 (Minn.App. 3-14-2006)
In re the Marriage of: DeeAnn R. Powers, petitioner, Respondent, v. Matthew K. Powers, Appellant. No. A05-551.Minnesota Court of Appeals. Filed March 14, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. WIPPER, 515 N.W.2d 53 (Minn. 1994)
STATE of Minnesota, Respondent, v. Randall Jacob WIPPER, Appellant. No. C8-93-1686.Supreme Court of Minnesota. March 31, 1994. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED (1) that the petition of Randall Jacob Wipper for further review of the decision of the Court of Appeals be, and the same is, […]
STATE v. CHARLSON, A03-1804 (Minn.App. 8-10-2004)
State of Minnesota, Respondent, v. Rebecca Helen Charlson, Appellant. No. A03-1804.Minnesota Court of Appeals. Filed August 10, 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 […]
BATEMAN v. CITY OF LA CRESCENT, C5-99-1979 (Minn.App. 7-18-2000)
Donald A. Bateman, as Trustee of the Donald A. Bateman Trust, petitioner, Appellant, v. The City Council of the City of La Crescent, a Public Body Consisting of Gregory Husman, Daniel Frosch, Mikel Poellinger (Mayor), R.C. Stout, and Duane Zenke, Respondents, Robert L. Nickerson, Building Official for the City of La Crescent, Respondent Below, Ron […]
RIMMER v. COHEN, 172 Minn. 134 (1927)
215 N.W. 198 CONSTANCE RIMMER v. LEONARD COHEN.[1] No. 26,147.Supreme Court of Minnesota. July 8, 1927. [1] Reported in 215 N.W. 198. Verdict for $10,000 not excessive for injuries suffered by plaintiff. Plaintiff was struck by defendant’s automobile while she was walking across a street intersection. Held: (1) The evidence as to defendant’s negligence was […]
BURTCH v. OAKLAND PARK, INC., A05-1585 (Minn. 9-27-2006)
Keith Burtch, et al., James Retterath, et al. v. Oakland Park, Inc. and Oakland Park Inc, et al. v. Keith Burtch, Linnea Burtsch, et al. Nos. A05-1585, A05-1587, A05-1588, A05-1589.Supreme Court of Minnesota. Filed September 27, 2006. Order on Petition for further review Denied.
WELSCH v. WELSCH, A09-778 (Minn.App. 3-23-2010)
Heidi Gerstenkorn Welsch, co-petitioner, Respondent, v. Robert James Welsch, co-petitioner, Appellant. No. A09-778.Minnesota Court of Appeals. Filed March 23, 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 […]
IN RE DAWSON v. DAWSON, CX-95-2665 (Minn.App. 8-13-1996)
IN RE THE MARRIAGE OF: KATHLEEN ANN DAWSON, n/k/a KATHLEEN ANN FOORD, petitioner, Appellant, v. GREGORY PAUL DAWSON, Respondent. Nos. CX-95-2665, C2-96-175.Minnesota Court of Appeals. Filed August 13, 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 […]
DELANEY v. STATE, C0-01-207 (Minn.App. 8-1-2001)
Delaney v. State. No. C0-01-207.Minnesota Court of Appeals. August 1, 2001. Appeal from Olmsted County, Amundson, J. Hon. Debra A. Jacobson Affirmed
BARNA v. COMMISSIONER OF PUBLIC SAFETY, 508 N.W.2d 220 (Minn.App. 1993)
John Earl BARNA, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. CO-93-970.Minnesota Court of Appeals. November 16, 1993. Appeal from the District Court, Hennepin County, John J. Sommerville, J. Syllabus by the Court The results of an alcohol dehydrogenase test are admissible to show a driver’s alcohol concentration level. Page 221 William R. Kennedy, […]
PARSONS v. HICKEY, 294 Minn. 537 (1972)
201 N.W.2d 150 DAVID PARSONS v. GEORGE HICKEY AND ANOTHER. No. 43892.Supreme Court of Minnesota. September 15, 1972. Elections — challenge to eligibility of legislative candidate — failure to serve necessary party — effect. Order to show cause issued by this court upon the petition of David Parsons directing George Hickey, auditor of Hennepin County, […]
STATE v. BERGH, 679 N.W.2d 734 (Minn.App. 2004)
State of Minnesota, Respondent, v. Darryl Lewis Bergh, Appellant. No. A03-1577.Minnesota Court of Appeals. Filed: May 18, 2004. Appeal from the District Court, Washington County, File No. KX-02-4989. Page 735 SYLLABUS 1. In Minnesota, the moment a motorist asks to consult with a lawyer before deciding whether or not to submit to blood-alcohol testing, a […]
FERSKI v. NELSON, A09-149 (Minn. 11-24-2009)
Ireneusz and Gabriela Ferski v. David P. and Kathryn M. Nelson. No. A09-149.Supreme Court of Minnesota. Filed November 24, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
GROUP HEALTH PLAN, INC. v. LOPEZ, 341 N.W.2d 294 (Minn.App. 1983)
GROUP HEALTH PLAN, INC., Relator, v. Louise LOPEZ, Respondent, Commissioner of Economic Security, Respondent. No. C1-83-1253.Minnesota Court of Appeals. December 14, 1983. Page 295 Syllabus by the Court An employee is not guilty of misconduct permitting denial of unemployment benefits where the employer hospital has not clearly enunciated its policy of patient confidentiality. Dennis R. […]
LOFTIS v. LEGIONVILLE SCH. SAFETY PATROL, 297 N.W.2d 237 (Minn. 1980)
June H. LOFTIS, Respondent, v. LEGIONVILLE SCHOOL SAFETY PATROL TRAINING CENTER, INC., Relator, and Department of Economic Security, Respondent. No. 48056.Supreme Court of Minnesota. June 20, 1980. Appeal from the Department of Economic Security. Syllabus by the Court The decision of the Commissioner of the Department of Economic Security, allowing unemployment benefits for June Loftis, […]
ANDREWS v. DEPT. OF EMP. ECONO. DEVE., A09-650 (Minn.App. 2-23-2010)
Donnie Andrews, Relator, v. Department of Employment and Economic Development, Respondent. No. A09-650.Minnesota Court of Appeals. Filed February 23, 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 […]
BURNETT v. HOPWOOD, 187 Minn. 7 (1932)
244 N.W. 254 FRANK L. BURNETT v. ROBERT G. HOPWOOD AND OTHERS.[1] No. 28,915.Supreme Court of Minnesota. August 12, 1932. [1] Reported in 244 N.W. 254. Partnership — action for accounting — interest of retiring partner. 1. The evidence is sufficient to support a finding that plaintiff’s interest in a copartnership was 7/16 and not […]
STATE v. HARDY, 354 N.W.2d 21 (Minn. 1984)
STATE of Minnesota, Respondent, v. Dan HARDY, Appellant. No. C6-83-552.Supreme Court of Minnesota. August 31, 1984. Appeal from the District Court, Hennepin County, Crane Winton, J. Page 22 Syllabus by the Court Evidence of defendant’s guilt was sufficient; erroneous admission of hearsay evidence connecting defendant to the crimes was nonprejudicial. C. Paul Jones, Public Defender, […]
SODERBECK v. CTR. FOR DIAGNOSTIC IMG., A09-569 (Minn.App. 11-24-2009)
Keith Soderbeck, Respondent, v. Center for Diagnostic Imaging, Inc., Appellant. No. A09-569.Minnesota Court of Appeals. Filed: November 24, 2009. Appeal Ramsey County District Court, Hon. Steven D. Wheeler. RECENT ORDER OPINIONS JAMES C. HARTEN,[*] Judge. [*] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const, art. VI, § 10. […]
STATE v. PRIOR, 356 N.W.2d 754 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. David Michael PRIOR, Appellant. No. C1-84-1053.Minnesota Court of Appeals. October 23, 1984. Appeal from the County Court, Blue Earth County, James D. Mason, J. Syllabus by the Court Evidence was sufficient to convict appellant of DWI. Hubert H. Humphrey, III, Atty. Gen., St. Paul, Ross E. Arneson, Asst. Blue Earth […]
OLDENBURG v. PHILLIPS TEMRO CORPORATION, 606 N.W.2d 445 (Minn. 2000)
Tammie G. Oldenburg, Respondent, v. Phillips Temro Corporation et al., Appellants, Medica Choice by HRI, Intervenor, Texa-Tonka Management, Intervenor, Bradley P. Kuntz, D.C., Intervenor, Blue Cross/Blue Shield of Minnesota, Intervenor. No. CX-99-1993.Supreme Court of Minnesota. Filed February 15, 2000. Cousineau, McGuire Anderson, Chartered, Mark A. Kleinschmidt and Lisa M. Alioto, Minneapolis, for appellants. Page 446 […]
DOMTAR, INC. v. NIAGARA FIRE INS. CO., 563 N.W.2d 724 (Minn. 1997)
DOMTAR, INC., Appellant (C9-95-2673), Respondent (C0-95-2626, C7-95-2638), v. NIAGARA FIRE INSURANCE COMPANY, et al., Appellants (C7-95-2638), Respondents (C0-95-2626, C9-95-2673), Canadian General Insurance Company, et al., Respondents, Certain Underwriters at Lloyd’s of London, et al., Appellants (C0-95-2626), Respondents (C7-95-2638, C9-95-2673). Nos. C0-95-2626, C7-95-2638 and C9-95-2673.Supreme Court of Minnesota. May 29, 1997. Appeal from the District Court, […]
ZELLER v. PRIOR LAKE PUBLIC SCHOOLS, 259 Minn. 487 (1961)
108 N.W.2d 602 FARELLA ZELLER v. PRIOR LAKE PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT NO. 719, SCOTT COUNTY. No. 37,957.Supreme Court of Minnesota. March 10, 1961. Schools and school districts — school board — termination of teacher’s contract — prerequisites. 1. Minn. St. 1957, § 130.18, subd. 3, (now Minn. St. 125.12, subd. 3) sets forth […]
MATTER OF WELFARE OF K.L.M., 515 N.W.2d 53 (Minn. 1994)
In the Matter of the WELFARE OF K.L.M., G.J.M., and J.M., II, Children. No. C4-94-13.Supreme Court of Minnesota. March 31, 1994. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED (1) that the petition of L.K. for further review of the decision of the Court of Appeals be, and the […]
STATE v. DALBEC, 781 N.W.2d 430 (Minn.App. 2010)
STATE of Minnesota, Respondent, v. Daniel Brian DALBEC, Appellant. No. A09-568.Minnesota Court of Appeals. May 4, 2010. Appeal from the District Court, Page 431 Wright County, Dale E. Mossey, J. Page 432 SYLLABUS A criminal defense lawyer’s assistance is ineffective when the lawyer fails to “appear” for final argument by failing to submit a written […]
COX v. CHICAGO GREAT WESTERN R. CO., 173 Minn. 239 (1927)
217 N.W. 128 ALBERT COX v. CHICAGO GREAT WESTERN RAILROAD COMPANY.[1] No. 26,311.Supreme Court of Minnesota. December 30, 1927. [1] Reported in 217 N.W. 128. New trial granted where evidence as to flat feet did not warrant verdict of $15,000. A new trial granted as to the issue of damages only, in a personal injury […]
RESNER v. COMMISSIONER OF PUBLIC SAFETY, C8-98-377 (Minn.App. 10-20-1998)
LARRY DEAN RESNER, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C8-98-377.Minnesota Court of Appeals. Filed October 20, 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 […]
WEBER v. AU, 512 N.W.2d 348 (Minn.App. 1994)
Clark WEBER, Appellant, v. Alan AU, individually and formerly doing business as Alan’s Night Club and/or City Side and/or Golden Spike, Respondent. No. C8-93-1977.Minnesota Court of Appeals. March 1, 1994. Appeal from the District Court, Chippewa County, Arthur J. Boylan, J. Syllabus by the Court 1. Minn.Stat. § 340A.801, subd. 1 (1990) claimants must show […]
MILLER v. COUNTY OF STEELE, 162 Minn. 85 (1925)
202 N.W. 68 ROY L. MILLER v. COUNTY OF STEELE.[1] No. 24,261.Supreme Court of Minnesota. February 13, 1925. [1] Reported in 202 N.W. 68. When appeal from grant of new trial is allowed. An appeal from an order granting a new trial cannot be taken unless the order, or a memorandum made a part thereof, […]