Robert B. ANDSTROM, Relator, v. WILLMAR REGIONAL TREATMENT CENTER, Commissioner of Jobs and Training, Respondents. No. C0-93-1388.Minnesota Court of Appeals. February 15, 1994. Appeal from the Department of Jobs and Training. Syllabus by the Court An adjudication of chemical dependency for commitment purposes does not toll the limitations period for filing an appeal from the […]
Category: Minnesota Court Opinions
WILLIAMS v. STATE, A08-2295 (Minn.App. 1-12-2010)
Andrew Stephen Williams, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-2295.Minnesota Court of Appeals. Filed: January 12, 2010. Appeal from Dakota County District Court, Hon. Robert R. King, Jr. RECENT ORDER OPINIONS GORDON W. SHUMAKER, Judge. Affirmed.
IN THE MAT. OF WELF. OF CHILREN OF M. S. R., A10-164 (Minn.App. 6-29-2010)
In the Matter of the Welfare of the Children of: M. S. R., Parent. No. A10-164.Minnesota Court of Appeals. Filed June 29, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
SPAULDING v. BOARD OF COUNTY COMMRS., 306 Minn. 512 (1976)
238 N.W.2d 602 HARVEY SPAULDING v. BOARD OF COUNTY COMMISSIONERS, KANDIYOHI COUNTY. No. 45639.Supreme Court of Minnesota. January 9, 1976. Public employees — severance pay policy for county employees — applicability to county officers. County officers are not county employees so as to be included Page 513 in employment policy established by board of county […]
DEHN v. COMMISSIONER OF PUBLIC SAFETY, 394 N.W.2d 272 (Minn.App. 1986)
Bernadette DEHN, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C1-86-845.Minnesota Court of Appeals. October 14, 1986. Appeal from the District Court, Waseca County, Lawrence T. Gallagher, J. Page 273 Syllabus by the Court The officer properly informed appellant of the implied consent advisory. Michael A. Zimmer, Waseca, for appellant. Hubert H. Humphrey, III, […]
TUREK v. NORTHFIELD FREEZINGS, 652 N.W.2d 265 (Minn. 2002)
Norman F. Turek, Relator, v. Northfield Freezings, f/k/a Northfield Equipment, and Acceptance Indemnity Insurance Co., c/o Preferred Works, Office of Appellate Courts Respondents, Northfield Freezings, f/k/a Northfield Equipment, and National Union Fire Insurance Company, c/o GAB Robins, Inc., Respondents. No. C2-02-1045.Supreme Court of Minnesota. Filed: October 24, 2002. Appeal from Workers’ Compensation Court of Appeals. […]
MATTER OF FUSA, 355 N.W.2d 456 (Minn.App. 1984)
In the Matter of Paul FUSA. No. C7-84-1266.Minnesota Court of Appeals. October 2, 1984. Appeal from the District Court, Hennepin County, Melvin J. Peterson, J. Syllabus by the Court The trial court properly found appellant mentally ill as defined by Minn.Stat. § 253B.02, subd. 13 (Supp. 1983), and committed him to Anoka State Hospital. Gerald […]
TOWNSHIP OF FRANKLIN v. CITY OF DELANO, A03-1751 (Minn.App. 6-15-2004)
Township of Franklin, petitioner, Appellant, v. City of Delano, Respondent. Nos. A03-1751, A03-1911.Minnesota Court of Appeals. Filed June 15, 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 […]
IN RE DISCIPLINARY ACTION AGAINST HAUGAN, 557 N.W.2d 207 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Todd R. HAUGAN, an Attorney at Law of the State of Minnesota. No. C9-92-150.Supreme Court of Minnesota. January 16, 1997. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that Page 208 respondent Todd R. Haugan has committed […]
ELSBERRY v. GREAT NORTHERN RY. CO., 265 Minn. 352 (1963)
121 N.W.2d 716 JOHN ELSBERRY v. GREAT NORTHERN RAILWAY COMPANY. No. 38,711.Supreme Court of Minnesota. May 10, 1963. Evidence — qualifications of witness — personal knowledge — burden of establishing. 1. The burden of laying a foundation by showing that the witness had an adequate opportunity to observe is upon the party offering the testimony. […]
STATE v. LASLEY, 306 Minn. 224 (1975)
236 N.W.2d 604 STATE v. LARRY CARL LASLEY. No. 45464.Supreme Court of Minnesota. November 21, 1975. Criminal law — trial — competence of witness — admissibility of evidence. Appeal by Larry Carl Lasley from a judgment of the Hennepin County District Court, A. Paul Lommen, Judge, whereby he was convicted of murder in the first […]
IN RE MARRIAGE OF DAHL, A09-1622 (Minn.App. 5-4-2010)
In re the Marriage of: Kelly Jo Dahl, petitioner, Respondent, v. Stephen Charles Dahl, Appellant. No. A09-1622.Minnesota Court of Appeals. Filed May 4, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
LUNDELL v. COOPERATIVE POWER ASS’N, 707 N.W.2d 376 (Minn. 2006)
Danny O. LUNDELL and Mary E. Lundell, Appellants, v. COOPERATIVE POWER ASSOCIATION, a Minnesota Corporation, Respondent. No. A04-1045.Supreme Court of Minnesota. January 5, 2006. Appeal from the District Court, Goodhue County, Karen Asphaug, J. Page 377 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]
MONSON v. CITY OF DULUTH, C8-00-140 (Minn.App. 9-12-2000)
Robert Monson, et al., Respondents, v. City of Duluth, Minnesota, Appellant. No. C8-00-140.Minnesota Court of Appeals. Filed September 12, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from […]
JANNETTE v. M. F. PATTERSON DENTAL SUPPLY CO., 193 Minn. 153 (1934)
258 N.W. 31 LORETTA JANNETTE v. M. F. PATTERSON DENTAL SUPPLY COMPANY AND ANOTHER.[1] No. 30,117.Supreme Court of Minnesota. December 28, 1934. [1] Reported in 258 N.W. 31. Automobile — collision with rear end of street car — question for jury. 1. The evidence as to icy condition of the street and an obstruction therein […]
PULJU v. METROPOLITAN PROPERTY CAS., 532 N.W.2d 592 (Minn.App. 1995)
In re Arbitration Between Jean PULJU, Appellant, v. METROPOLITAN PROPERTY CASUALTY, Respondent. No. CX-95-723.Minnesota Court of Appeals. June 6, 1995. Appeal from the District Court, Hennepin County, Dolores Orey, J. Syllabus by the Court 1. When an otherwise appealable order in a special proceeding directs entry of judgment, the proper appeal is from the resulting […]
BROTZLER v. SCOTT COUNTY, 427 N.W.2d 685 (Minn.App. 1988)
David Paul BROTZLER, Appellant, v. COUNTY OF SCOTT, et al., State Police (f.k.a. Minnesota State Highway Patrol), et al., City of Cottage Grove, City of Shakopee, et al., Respondents. No. C1-87-2329.Minnesota Court of Appeals. July 19, 1988. Review Denied September 16, 1988. Appeal from the District Court, Scott County, Michael A. Young, J. Page 686 […]
SIERRA-DINSMORE v. NOOR, C5-01-641 (Minn.App. 1-8-2002)
Isaac Sierra-Dinsmore, a minor, by Julia Dinsmore, his parent and natural guardian, Appellant, v. James DuWayne Noor, et al., Defendants, South Central Children’s Project, et al., Respondents. No. C5-01-641.Minnesota Court of Appeals. Filed January 8, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may […]
IN RE MATTER OF CASSELL v. CASSELL, A10-1085 (Minn. 4-19-2011)
In re the Matter of: Olivia Jassah Cassell v. Gabriel B. Cassell. No. A10-1085.Supreme Court of Minnesota. Filed April 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 2
DISCIPLINARY ACTION AGAINST HOLMAY, 464 N.W.2d 723 (Minn. 1991)
In re Petition for DISCIPLINARY ACTION AGAINST Jerome J. HOLMAY, an Attorney at Law of the State of Minnesota. No. C6-86-1442.Supreme Court of Minnesota. January 18, 1991. Syllabus by the Court On the facts of this case a suspension of at least 18 months is warranted. Patrick Burns, Office of Lawyers Professional Responsibility, St. Paul, […]
IN MATTER OF WELFARE OF J.L.T., A06-613 (Minn.App. 9-26-2006)
In the Matter of the Welfare of the Child of: J.L.T. and J.B., Parents. No. A06-613.Minnesota Court of Appeals. Filed September 26, 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 […]
McKINLEY v. McKINLEY, A08-0245 (Minn.App. 3-24-2009)
Howard McKinley, et al., Appellants, v. Dale McKinley, et al., Respondents. No. A08-0245.Minnesota Court of Appeals. Filed March 24, 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 […]
STATE v. OLSON, A06-855 (Minn.App. 4-24-2007)
State of Minnesota, Respondent, v. Matthew Arnold Olson, Appellant. No. A06-855.Minnesota Court of Appeals. Filed April 24, 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 […]
BURGMEIER v. BJUR, 533 N.W.2d 67 (Minn.App. 1995)
William T. BURGMEIER, et al., Appellants, v. Gary BJUR, Respondent. No. CX-94-2252.Minnesota Court of Appeals. June 20, 1995. Page 68 Appeal from the District Court, Kandiyohi County, John T. Lindstrom, J. Syllabus by the Court On these facts collateral estoppel prevented a landowner from bringing a trespass action against a party who ousted the landowner […]
IN RE PATERNITY OF A.E.M.L. BY J.D.E., A07-1207 (Minn.App. 7-1-2008)
In re the Paternity, Custody and Support of A.E.M.L. by J.D.E., Appellant, and S.M.L., Respondent. No. A07-1207.Minnesota Court of Appeals. Filed July 1, 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. […]
JACOBS v. DRAPER, 274 Minn. 110 (1966)
142 N.W.2d 628 DORWYN K. JACOBS, TRUSTEE FOR HEIRS OF PATRICK JACOBS, v. MELBOURNE H. DRAPER AND ANOTHER. JOHN G. RALSTON, INDIVIDUALLY AND d.b.a. MELL-O-DEE ICE CREAM, APPELLANT. No. 39,945.Supreme Court of Minnesota. May 6, 1966. Negligence — actionable negligence. 1. Actionable negligence is the failure to discharge a legal duty to the person injured. […]
STATE EX REL. GALLAGHER v. ERICKSON, 213 Minn. 151 (1942)
6 N.W.2d 43 STATE EX REL. WILLIAM J. GALLAGHER v. AL P. ERICKSON AND OTHERS.[1] No. 33,423.Supreme Court of Minnesota. October 16, 1942. [1] Reported in 6 N.W.2d 43. Election — nomination by petition — time of filing certified copies of certificate. The time of filing of certified copies of a certificate of nomination as […]
MINNEAPOLIS BOARD OF PARK COMMRS. v. JOHNSON, 274 Minn. 506 (1966)
144 N.W.2d 770 MINNEAPOLIS BOARD OF PARK COMMISSIONERS v. VINCENT JOHNSON AND ANOTHER. No. 40,365.Supreme Court of Minnesota. August 5, 1966. Eminent domain — condemnation proceedings — abandonment by city — remedy of property owner. Upon abandonment of condemnation proceedings as authorized by the Minneapolis city charter, the property owner may not seek recovery of […]
COLVIN v. PIPESTONE NATIONAL BANK, 163 Minn. 95 (1925)
203 N.W. 451 GEORGE COLVIN AND ANOTHER v. PIPESTONE NATIONAL BANK, ARTHUR DOELL, APPELLANT.[1] No. 24,547.Supreme Court of Minnesota. April 24, 1925. [1] Reported in 203 N.W. 451. Passing of title to certificate of deposit. Where a contract of sale and a certificate of deposit, issued by a foreign bank to the vendee for a […]
APPLEWHITE-BEY v. STATE, A04-2194 (Minn. 10-26-2005)
Frank Applewhite-Bey v. State. No. A04-2194.Supreme Court of Minnesota. Filed October 26, 2005. Order on petition for further review Denied.
GREVE v. STATE BANK, 211 Minn. 175 (1941)
300 N.W. 594 PETER GREVE v. STATE BANK OF WORTHINGTON.[1] No. 32,880.Supreme Court of Minnesota. October 31, 1941. [1] Reported in 300 N.W. 594. Limitation of action — suspension of statute — payment on coindebtedness — question for jury. Where one joint obligor made a payment on a coindebtedness with funds derived from the sale […]
ANDERSON v. FLORENCE, 288 Minn. 351 (1970)
181 N.W.2d 873 ARVID RICHARD ANDERSON v. DAVID W. FLORENCE. No. 41823.Supreme Court of Minnesota. October 23, 1970. Discovery — malpractice — requiring defendant physician to give expert medical opinion. In medical malpractice actions, Rules 26.02 and 43.02, Rules of Civil Procedure, governing the scope of pretrial discovery and cross-examination of an adverse party, authorize […]
STATE v. NIKOLAISEN, A08-2127 (Minn.App. 2-2-2010)
State of Minnesota, Respondent, v. James Henry Nikolaisen, Appellant. No. A08-2127.Minnesota Court of Appeals. Filed February 2, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
UNIVERSITY OF MINNESOTA v. RAYGOR, 620 N.W.2d 680 (Minn. 2001)
Regents of the University of Minnesota, Appellant, vs. Lance Raygor and James Goodchild, Respondents. No. C1-99-1140.Supreme Court of Minnesota. Filed: January 4, 2001. Appeal from District Court, Hennepin County, Cara Lee Neville, J. Page 681 SYLLABUS 1. The application of Section 1367(d) of Title 28 of the United States Code to toll the statute of […]
KILLEN v. INDEPEND. SCHOOL DIST. NO. 706, 547 N.W.2d 113 (Minn.App. 1996)
John J. KILLEN, Trustee for the next of kin of Jill M. Dibley, Deceased, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 706, Defendant and Third-Party Plaintiff, Respondent, v. John and Gayle DIBLEY, Third-Party Defendants, and John J. KILLEN, Trustee for the next of kin of Jill M. Dibley, Deceased, Appellant, v. Frank FABISH, Defendant and Third-Party […]
CITY OF DULUTH v. AFSCME COUN. 96, C0-98-1717 (Minn.App. 4-20-1999)
City of Duluth, petitioner, Appellant, v. AFSCME Council 96, Local 66, Respondent. No. C0-98-1717.Minnesota Court of Appeals. Filed April 20, 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 […]
THOMPSON v. THOMPSON, 739 N.W.2d 424 (Minn.App. 2007)
In re the Marriage of Leah Marie THOMPSON, petitioner, Respondent, v. Jamie Michael THOMPSON, Appellant. No. A06-1453.Minnesota Court of Appeals. October 2, 2007. Appeal from the District Court, Clay County. Page 425 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 426 SYLLABUS […]
KYLE v. KYLE, 210 Minn. 204 (1941)
297 N.W. 744 ALICE KYLE v. LEE KYLE.[1] No. 32,749.Supreme Court of Minnesota. April 25, 1941. [1] Reported in 297 N.W. 744. Husband and wife — no right of action for personal injuries by one spouse against the other. 1. The settled public policy of this state is that one spouse may not maintain a […]
FRIELER v. CARLSON MARK. GROUP, 751 N.W.2d 558 (Minn. 2008)
Judy FRIELER, Appellant, v. CARLSON MARKETING GROUP, INC., Respondent. No. A06-1693.Supreme Court of Minnesota. May 30, 2008. Appeal from the District Court, Hennepin County, John L. Holahan, J. Page 559 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 560 SYLLABUS 1. The […]
RUEBEN v. EBENEEZER HOME, 293 Minn. 508 (1972)
198 N.W.2d 262 ESTER LANIA RUEBEN v. EBENEEZER HOME AND ANOTHER. No. 43361.Supreme Court of Minnesota. May 26, 1972. Workmen’s compensation — review — award for total and permanent disability. Certiorari upon the relation of Ebeneezer Home, employer, and International Insurance Company, its insurer, to review a decision of the Workmen’s Compensation Commission awarding compensation […]
GILBERTSON v. DEPT. OF EMPL. ECON. DEV., A04-2309 (Minn.App. 8-23-2005)
Reggie D. Gilbertson, Relator, v. Department of Employment and Economic Development, Respondent. No. A04-2309.Minnesota Court of Appeals. Filed August 23, 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 […]
STATE v. BLEED, A04-1587 (Minn.App. 4-26-2005)
State of Minnesota, Respondent, v. Andrew Charles Bleed, Appellant. No. A04-1587.Minnesota Court of Appeals. Filed April 26, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
STATE v. COTTER, 167 Minn. 263 (1926)
209 N.W. 4 STATE v. JAMES B. COTTER.[1] No. 25,276.Supreme Court of Minnesota. May 7, 1926. [1] Reported in 209 N.W. 4. Bastard — Credibility of mother as affected by reputation for chastity. Upon examination of the record in a trial in bastardy proceedings it is held that: (1) The accused may be convicted upon […]
SAUK CENTRE EDUCATION ASSO. v. SEAGREN, A06-2173 (Minn. 1-29-2008)
Sauk Centre Education Association, et al. v. Alice Seagren, Commissioner, Minnesota Department of education. No. A06-2173.Supreme Court of Minnesota. Filed: January 29, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE EX REL. FICKLING v. MORIARTY, 208 Minn. 469 (1940)
294 N.W. 473 STATE EX REL. ANNA FICKLING v. JOSEPH J. MORIARTY.[1] No. 32,716.Supreme Court of Minnesota. November 1, 1940. [1] Reported in 294 N.W. 473. Judge — disqualification to act — affidavit of prejudice — time of filing. Where a motion is brought on for hearing by an order to show cause before a […]
OTIS v. ANOKA-HENNEPIN SCHOOL DISTRICT, 611 N.W.2d 390 (Minn.App. 2000)
Donald H. Otis, Jr., et al., Appellants, vs. Anoka-Hennepin School District No. 11, Respondent. No. C5-99-2064.Minnesota Court of Appeals. Filed June 13, 2000. Anoka County District Court, File No. C89810290. Page 391 SYLLABUS A municipality is not liable for mere slipperiness that occurs when an accumulation of snow that was created by shoveling or blowing […]
IN RE MARRIAGE OF FUCHS v. FUCHS, A07-0847 (Minn.App. 8-5-2008)
In re the Marriage of: Julie Marie Fuchs, petitioner, Respondent, v. Douglas James Fuchs, Appellant. No. A07-0847.Minnesota Court of Appeals. Filed: August 5, 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. […]
HORACE MANN INS. CO. v. WESTENFIELD, 496 N.W.2d 410 (Minn. 1993)
HORACE MANN INSURANCE COMPANY, Respondent, v. Bruce Allen WESTENFIELD, et al., Appellants, Michael Albert Dandrea, Respondent, and Minnesota Mutual Fire Casualty Company, intervenor, Respondent. No. C5-92-792.Supreme Court of Minnesota. March 16, 1993. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Minnesota Mutual Fire Casualty Company […]
STATE v. TRAPP, A09-2177 (Minn. 11-16-2010)
State v. Robert Nicholas Trapp. No. A09-2177.Supreme Court of Minnesota. Filed: November 16, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
ELLIS v. ESTATE OF BURKSTRAND, A08-1878 (Minn.App. 8-25-2009)
Andrew Ellis, et al., Appellants, v. The Estate of Gerald E. Burkstrand, Respondent, Owen Seeley, et al., Respondents. No. A08-1878.Minnesota Court of Appeals. Filed August 25, 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. […]
STATE v. DUPAY, A07-751 (Minn.App. 3-18-2008)
State of Minnesota, Respondent, v. Tammi Jo Dupay, Appellant. No. A07-751.Minnesota Court of Appeals. Filed March 18, 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. PEARSON, 633 N.W.2d 81 (Minn.App. 2001)
State of Minnesota, Respondent (CX-01-361), vs. Steven James Pearson, petitioner, Appellant, AND Steven James Pearson, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent (C3-01-363). Nos. CX-01-361, C3-01-363Minnesota Court of Appeals. Filed September 11, 2001. Appeal from the District Court, Lac Qui Parle County, Bruce W. Christopherson and David L. Mennis, JJ., File Nos. T100794, C6000161. […]
STATE v. HARRIS, 589 N.W.2d 782 (Minn. 1999)
State of Minnesota, Respondent, v. Bruce (NMN) Harris, Appellant. C8-97-496.Supreme Court of Minnesota. January 7, 1999. Appeal from the District Court, Hennepin County, Robert A Blaeser, J. Page 783 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 784 Syllabus by the Court […]
STATE v. VIKINGSTAD, A04-848 (Minn.App. 6-28-2005)
State of Minnesota, Respondent, v. Brian Thomas Vikingstad, Appellant. No. A04-848.Minnesota Court of Appeals. Filed June 28, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
STATE v. ROSILLO, C3-97-650 (Minn.App. 8-5-1997)
STATE OF MINNESOTA, Appellant, v. RICHARD JEFF ROSILLO, Respondent. No. C3-97-650.Minnesota Court of Appeals. Filed August 5, 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 […]
STATE v. DAVIS, 732 N.W.2d 173 (Minn. 2007)
STATE of Minnesota, Respondent, v. Scott Evan DAVIS, Appellant. No. A05-857.Supreme Court of Minnesota. May 24, 2007. Appeal from the District Court, Dakota County, Edward I. Lynch, J. Page 174 SYLLABUS 1. Whether probable cause or reasonable, articulable suspicion is necessary to sustain the warrantless use of a narcotics-detection Page 175 dog requires an examination […]
BAKER v. SURMAN, 361 N.W.2d 108 (Minn.App. 1985)
James T. BAKER, et al., Appellants, v. Robert F. SURMAN, et al., News Realty, Inc., et al., United Homes Corp., et al., Respondents, E.J. Henry, etc., Defendants, Leroy E. Haeg, Respondent. No. C1-84-1022.Minnesota Court of Appeals. January 22, 1985. Appeal the District Court, Hennepin County, A. Paul Lommen, J. Page 109 [EDITORS’ NOTE: THIS PAGE […]
NATIONAL UNION v. SCHWING AMERICA, 446 N.W.2d 410 (Minn.App. 1989)
NATIONAL UNION FIRE INSURANCE, Respondent, v. SCHWING AMERICA, INC., Appellant. No. CX-89-325.Minnesota Court of Appeals. October 10, 1989. Appeal from the District Court, Washington County, Smith F. Eggleston, J. Page 411 Syllabus by the Court 1. Where an insurance quotation was conditioned on approval by state insurance commissioner and such approval was never obtained, no […]
BELLCOURT v. STATE, 390 N.W.2d 269 (Minn. 1986)
John Clinton BELLCOURT, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C7-85-1553.Supreme Court of Minnesota. June 27, 1986. Appeal from the District Court, Hennepin County, Delila F. Pierce, J. Page 270 Syllabus by the Court 1. Where no reasonable juror could find that defendant sufficiently communicated to a victim his intent to withdraw from an […]
LA MOUREA v. RHUDE, 209 Minn. 53 (1940)
295 N.W. 304 HENRY E. La MOUREA v. JENS O. RHUDE AND OTHERS.[1] No. 32,555.Supreme Court of Minnesota. December 13, 1940. [1] Reported in 295 N.W. 304. Contract — rights of creditor or donee beneficiary of contract. 1. A creditor or donee beneficiary of a contract may recover thereon though not a party to it. […]
STATE v. FAY, A08-1131 (Minn.App. 8-11-2009)
State of Minnesota, Respondent, v. Anthony Peter Fay, Appellant. No. A08-1131.Minnesota Court of Appeals. Filed August 11, 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 […]
BASTIAN v. CECO CORP., 523 N.W.2d 665 (Minn. 1994)
William R. BASTIAN, Relator, v. CECO CORPORATION and Crawford and Company, Respondents. No. C0-94-1594.Supreme Court of Minnesota. November 10, 1994. Page 666 David G. Moeller, Dean M. Margolis, David G. Moeller Associates, Minneapolis, for relator. Randee Held, Mahoney, Dougherty Mahoney, PA., Minneapolis, for respondent. Considered and decided by the court en banc without oral argument. […]
IN RE SONNENFELD v. SONNENFELD, C5-99-363 (Minn.App. 8-24-1999)
IN RE THE MARRIAGE OF: TROY ALLEN SONNENFELD, petitioner, Appellant, v. ANNE MARIE SONNENFELD, Respondent. No. C5-99-363.Minnesota Court of Appeals. Filed August 24, 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. […]
LEIGHTON v. ABELL, 225 Minn. 565 (1948)
31 N.W.2d 646 ARTHUR LEIGHTON v. MRS. CLEON N. ABELL AND OTHERS.[1] Nos. 34,691, 34,692.Supreme Court of Minnesota. March 15, 1948. [1] Reported in 31 N.W.2d 646. Municipal corporation — amendment of home rule charter — validity of statutes authorizing submission. 1. M.S.A. 410.23, 410.24, 410.25 is unconstitutional insofar as those sections purport to authorize […]
STATE v. SCHULBERG, A10-1727 (Minn.App. 8-15-2011)
State of Minnesota, Respondent, v. Scott Brandon Schulberg, Appellant. No. A10-1727.Minnesota Court of Appeals. Filed August 15, 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 […]
ARENS v. MINNEAPOLIS-MOLINE, INC., 298 Minn. 521 (1973)
213 N.W.2d 336 ROSE ARENS, TRUSTEE FOR THE HEIRS OF ALPHONSE ARENS, v. MINNEAPOLIS-MOLINE, INC. Supreme Court of Minnesota. No. 43923. December 7, 1973. Negligence — proof by circumstantial evidence — sufficiency. Action in the Nobles County District Court for death by wrongful act brought by Rose Arens as trustee for the heirs of Alphonse […]
KAMBOO MARKET, LLC v. SHERMAN ASSO., INC., A10-1810 (Minn.App. 6-27-2011)
Kamboo Market, LLC, Appellant, v. Sherman Associates, Inc., defendant and third party plaintiff, Respondent, v. Abdirashid Jama, et al., third party defendants, Appellants. No. A10-1810.Minnesota Court of Appeals. Filed June 27, 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 […]
DALY v. COMMISSIONER OF PUBLIC SAFETY, 405 N.W.2d 489 (Minn.App. 1987)
Geoffrey Gerard DALY, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C7-86-1983.Minnesota Court of Appeals. May 12, 1987. Appeal from the District Court, Hennepin County, John J. Sommerville, J. Syllabus by the Court The police officer had a particularized and objective basis for making an investigatory stop of appellant’s vehicle. Frederick Bohling, Burnsville, for […]
DECKER v. BRUNKOW, 557 N.W.2d 360 (Minn.App. 1996)
Alice DECKER, et al., Respondents, v. Marilyn BRUNKOW, Defendant and Third-Party Plaintiff, Appellant, v. OAK RIDGE HOMES, SLS, INC., Third-Party Defendant, Respondent. No. C3-96-1609.Minnesota Court of Appeals. December 31, 1996. Review Denied February 26, 1997. Appeal from the District Court, Wadena County, Timothy J. Baland, J. Syllabus by the Court Where an employer is immune […]
DIMKE v. FINKE, 209 Minn. 29 (1940)
295 N.W. 75 JOHN DIMKE AND ANOTHER v. WALTER W. FINKE AND ANOTHER.[1] No. 32,664.Supreme Court of Minnesota. December 6, 1940. [1] Reported in 295 N.W. 75. Old age pension act — constitutionality — no violation of uniformity and equal protection provisions. 1. If a classification in a legislative enactment is made on a reasonable […]
IN RE BURK, C7-96-1712 (Minn.App. 12-24-1996)
In Re: Brenda Kathleen Burk. No. C7-96-1712.Minnesota Court of Appeals. Filed December 24, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District Court, Blue Earth County, […]
GADACH v. BENTON COUNTY CO-OP ASSN., 236 Minn. 507 (1952)
53 N.W.2d 230 EDWARD M. GADACH v. BENTON COUNTY CO-OP ASSOCIATION.[1] No. 35,758.Supreme Court of Minnesota. May 9, 1952. [1] Reported in 53 N.W.2d 230. Libel — published words — libelous per se — determination of defamatory meaning. 1. Published words which injure the reputation of a person, expose him to contempt, or degrade him […]
STATE v. GOEPFERT, A07-536 (Minn. 9-23-2008)
State v. Laura Jean Goepfert. No. A07-536.Supreme Court of Minnesota. Filed September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
KANGAS-JACOBSEN DAIRY, INC. v. LLOYD-SMITH, 241 Minn. 317 (1954)
62 N.W.2d 915 KANGAS-JACOBSEN DAIRY, INC., v. MARJORIE FLEMING LLOYD-SMITH AND OTHERS.[1] No. 36,147.Supreme Court of Minnesota. February 26, 1954. [1] Reported in 62 N.W.2d 915. Mines and minerals — rights of surface landowner to subjacent support — effect of knowledge of subsidence. In an action to recover damages to land and a building erected […]
MAUDSLEY v. PEDERSON, 676 N.W.2d 8 (Minn.App. 2004)
Leslie Maudsley, Appellant, v. Jonathan E. Pederson, M.D., Respondent. No. A03-915.Minnesota Court of Appeals. Filed: March 16, 2004. Appeal from the District Court, Hennepin County, File No. Mp 02-3958. Page 9 SYLLABUS Minn. Stat. § 145.682 (2002) encourages parties to bring motions to dismiss medical-malpractice actions early in the proceedings, either to eliminate frivolous lawsuits […]
MONSON v. MINNESOTA DEPT. OF EMPLOYMENT, ETC., 262 N.W.2d 171 (Minn. 1978)
Donald M. MONSON, Relator, v. MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent. No. 47725.Supreme Court of Minnesota. January 27, 1978. Page 172 Donald M. Monson, pro se. Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Frank W. Levin, Sp. Asst. Atty. Gen., St. Paul, for respondent. Considered and decided […]
MAXWELL v. WINGE CONSTRUCTION SERV., A08-1353 (Minn.App. 6-23-2009)
Charles Maxwell, et al., Respondents, v. Winge Construction Services, Inc., et al., Appellants. No. A08-1353.Minnesota Court of Appeals. Filed June 23, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). […]
STATE v. LARSEN, 384 N.W.2d 220 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Gene Stanley LARSEN, Appellant. No. C1-85-2049.Minnesota Court of Appeals. March 25, 1986. Review Denied May 29, 1986. Appeal from the District Court, Anoka County, Stephen J. Askew, J. Syllabus by the Court The trial court record of prior DWI plea established a valid waiver of counsel. Hubert H. Humphrey, III, […]
PAPE v. CITY OF INVER GROVE HEIGHTS, C3-03-335 (Minn.App. 8-1-2003)
Pape v. City of Inver Grove Heights. No. C3-03-335.Minnesota Court of Appeals. August 1, 2003. Appeal from the Dakota County, Hon. Patrice K. Sutherland. Randall, J. Affirmed.
SMITH v. SPITZENBERGER, 363 N.W.2d 470 (Minn.App. 1985)
Lee C. SMITH, et al., Respondents, v. Joseph P. SPITZENBERGER, et al., Appellants. No. C0-84-1688.Minnesota Court of Appeals. February 26, 1985. Appeal from the District Court, Hennepin County, Chester Durda, J. Syllabus by the Court The trial court properly issued a temporary injunction restraining appellants from cancelling a contract for deed. Sarah E. Arendt, Minneapolis, […]
STATE v. PETTEE, 511 N.W.2d 43 (Minn.App. 1994)
STATE of Minnesota, Respondent, v. John PETTEE, Appellant. No. C6-93-939.Minnesota Court of Appeals. January 18, 1994. Review Granted March 31, 1994. Appeal from the District Court, Hennepin County, Harvey C. Ginsberg, J. Page 44 Syllabus by the Court Dismissal for curable defects of a grand jury indictment charging the lesser of the offenses presented does […]
ST. PAUL FIRE v. GREEN LAKE BANK, C1-99-1672 (Minn.App. 2-29-2000)
St. Paul Fire and Marine Insurance Company, Respondent, v. Green Lake State Bank, Appellant. No. C1-99-1672.Minnesota Court of Appeals. Filed February 29, 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 […]
WALLACE v. TIME INS. CO., 387 N.W.2d 468 (Minn.App. 1986)
Robert L. WALLACE, Respondent, v. TIME INSURANCE COMPANY, Defendant and Third Party Plaintiff, Appellant, v. John T. BURNS and Diversified Consulting Services, Inc., Third-Party Defendant. No. C9-85-2025.Minnesota Court of Appeals. May 27, 1986. Review Denied July 31, 1986. Appeal from the District Court, Ramsey County, James M. Lynch, J. Syllabus by the Court There was […]
STATE EX REL. HAVENS v. DISTRICT COURT OF FARIBAULT, 203 Minn. 599 (1938)
281 N.W. 256 STATE EX REL. PAUL M. HAVENS v. DISTRICT COURT OF FARIBAULT COUNTY AND OTHERS.[1] No. 31, 865.Supreme Court of Minnesota. August 12, 1938. [1] Reported in 281 N.W. 256. Original application to this court by order to show cause upon the relation of Paul M. Havens for a peremptory writ o mandamus […]
IN RE MARRIAGE OF WALKER, A06-381 (Minn.App. 2-6-2007)
In re the Marriage of: JOHN DAVID WALKER, petitioner, Appellant, v. BARBARA JEAN WALKER, Respondent. No. A06-381.Minnesota Court of Appeals. Filed February 6, 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. […]
STATE v. TRETTIN, C7-97-2210 (Minn.App. 4-7-1998)
State of Minnesota, Appellant, v. Jacquelyn Ann Trettin, Respondent. No. C7-97-2210.Minnesota Court of Appeals. Filed April 7, 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 […]
STRUCTURAL PLASTICS CORP. v. WALSH, 281 Minn. 362 (1968)
161 N.W.2d 639 STRUCTURAL PLASTICS CORPORATION v. M. RICHARD WALSH AND OTHERS. TITLE INSURANCE COMPANY OF MINNESOTA, THIRD-PARTY DEFENDANT. No. 40,901.Supreme Court of Minnesota. September 13, 1968. Liens — security interest in fixture — priority over subsequent mortgage — requirements of Uniform Commercial Code. 1. The question of whether fixtures attached to the realty and […]
HAUMANT v. GRIFFIN, A04-1746 (Minn. 8-24-2005)
Donald Haumant v. Susanne Griffin, City of Minneapolis Director of Elections. No. A04-1746.Supreme Court of Minnesota. August 24, 2005. Order on petition for further review Denied.
STATE v. SCHROEDER, 401 N.W.2d 671 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Robert Anthony SCHROEDER, Appellant. No. C9-86-1676.Minnesota Court of Appeals. March 10, 1987. Review Denied April 23, 1987. Appeal from the District Court, Ramsey County, Harold Schultz, J. Page 672 Syllabus by the Court Aggravating factors justified 50% upward departure in sentencing defendant convicted of attempted second degree murder. Hubert H. […]
STATE v. MERRITT, A05-2291 (Minn. 6-27-2007)
State v. Joseph C. Merritt. No. A05-2291.Supreme Court of Minnesota. Filed: June 27, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE DISBARMENT OF McGINLEY, 168 Minn. 224 (1926)
209 N.W. 870 IN RE DISBARMENT OF HUGH S. McGINLEY.[1] No. 25,621.Supreme Court of Minnesota. July 9, 1926. [1] Reported in 209 N.W. 870. Attorney disbarred for deceit practiced on the court and on his wife in his action for divorce. Conduct by an attorney at law, as stated in the opinion, constitutes violation of […]
IN RE ROTHSTEIN, 777 N.W.2d 31 (Minn. 2010)
In re Petition for Disciplinary Action against Thomas Allen ROTHSTEIN, a Minnesota Attorney, Registration No. 217542. No. A09-890.Supreme Court of Minnesota. January 6, 2010. Alan C. Page Associate Justice; ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition and amended petition for disciplinary action alleging that respondent Thomas Allen Rothstein […]
O’BYRNE v. LUMBER ONE, AVON, A06-1121 (Minn.App. 6-5-2007)
Michael O’Byrne d/b/a Michael O’Byrne Construction, Respondent, v. Lumber One, Avon, Inc., Appellant. No. A06-1121.Minnesota Court of Appeals. Filed June 5, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). […]
KURONEN v. KURONEN, 499 N.W.2d 51 (Minn.App. 1993)
In re the Marriage of: John C. KURONEN, Petitioner, Respondent, v. Susan K. KURONEN, Appellant. No. C9-92-1962.Minnesota Court of Appeals. April 27, 1993. Review Denied June 22, 1993. Appeal from the District Court, Ramsey County, James M. Campbell, J. Page 52 Syllabus by the Court The district court abused its discretion by refusing to consider […]
STATE v. ARMENDARIZ, A10-1162 (Minn.App. 4-5-2011)
State of Minnesota, Respondent, v. Justin Michael Armendariz, Appellant. No. A10-1162.Minnesota Court of Appeals. Filed April 5, 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 […]
LYNCH v. WAL-MART ASSOCIATES INC., A06-2465 (Minn.App. 1-22-2008)
Nadene Lynch, Relator, v. Wal-Mart Associates Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A06-2465.Minnesota Court of Appeals. Filed January 22, 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. […]
IN RE WELFARE OF THE CHILD OF D.L.D., 771 N.W.2d 538 (Minn.App. 2009)
In the Matter of the WELFARE OF THE CHILD Of D.L.D. and W. H., Parents. Nos. A09-0564, A09-0608.Minnesota Court of Appeals. September 1, 2009. Appeal from the District Court, St. Louis County, David E. Ackerson, J. Page 539 SYLLABUS Findings regarding the child’s best interests are required in every termination-of-parental-rights proceeding. Page 540 Melanie S. […]
STATE v. ERICKSON, A08-1139 (Minn. 9-23-2008)
State v. Thomas James Erickson. No. A08-1139.Supreme Court of Minnesota. Filed: September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. DOSTAL, 433 N.W.2d 159 (Minn.App. 1989)
STATE of Minnesota, Appellant, v. Jon Gregory DOSTAL, Respondent. No. C9-88-2346.Minnesota Court of Appeals. January 3, 1989. Appeal from the District Court, Roseau County, Donald E. Shanahan, J. Syllabus by the Court Prosecutor’s appeal from a pretrial order dismissing a criminal charge must be filed within five days after entry of the order pursuant to […]
IN MATTER OF THE WELFARE OF S.L.A., C1-02-1098 (Minn.App. 1-10-2003)
In the Matter of the Welfare of: S.L.A., a Minor Child. No. C1-02-1098; C5-02-1105.Minnesota Court of Appeals. Filed January 10, 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 […]