SOUTHTOWN PLUMBING, INC., et al., Appellants, v. HAR-NED LUMBER CO., INC., et al., Respondents. No. C7-92-177.Minnesota Court of Appeals. December 8, 1992. Appeal from the District Court, Anoka County, Harvey A. Holtan, J. Page 138 Syllabus by the Court An unjust enrichment claim is not available where there is adequate legal remedy or where statutory […]
Category: Minnesota Court Opinions
IN RE MEDWORTH, 562 N.W.2d 522 (Minn.App. 1997)
In re Elvira MEDWORTH, Conservatee. No. C8-96-2030.Minnesota Court of Appeals. April 22, 1997. Appeal from the District Court, Hennepin County, Ann L. Alton, J. Syllabus by the Court A conservator’s power to establish a conservatee’s place of abode must be exercised in a manner consistent with the best interests of the conservatee and in consideration […]
UTGARD v. HELMERSON, 202 Minn. 637 (1938)
279 N.W. 748 PETER UTGARD v. HJALMAR HELMERSON AND ANOTHER.[1] No. 31,661.Supreme Court of Minnesota. May 13, 1938. [1] Reported in 279 N.W. 748. Appeal and error — review — findings on conflicting evidence. 1. Where the evidence is conflicting, it is the duty of the triers thereof to determine the facts; and on appeal […]
WEBSTER GRADING v. NILES-WIESE CONSTN. CO., A10-189 (Minn.App. 8-3-2010)
Webster Grading, Inc. d/b/a Rud Excavating of Webster, Plaintiff, v. Niles-Wiese Construction Co., Inc., Respondent, Eagles Rest Development, LLC, et al., Appellants, American Bank of St. Paul, et al., Defendants. No. A10-189.Minnesota Court of Appeals. Filed August 3, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be […]
STATE v. ROBERTS, 651 N.W.2d 198 (Minn.App. 2002)
State of Minnesota, Respondent, v. Edward Uriah Roberts, Appellant. No. C8-01-1430.Minnesota Court of Appeals. Filed: September 24, 2002. Appeal from the District Court, Chisago County, File No. KX991478. Page 199 SYLLABUS I. In a felony prosecution, a defendant’s specific waiver of his right to a twelve-person jury and his agreement on the record to permit […]
STATE v. BASKETT, C6-00-931 (Minn.App. 3-27-2001)
State of Minnesota, Respondent, vs. Dana Jeffrey Baskett, Appellant. No. C6-00-931.Minnesota Court of Appeals. Filed March 27, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
NELSON v. HOME DECORATING CO., 260 Minn. 121 (1961)
109 N.W.2d 154 WILLIAM J. NELSON, TRUSTEE FOR SURVIVING SPOUSE AND NEXT OF KIN OF MAE L. NELSON, v. HOME DECORATING COMPANY AND ANOTHER. WILLIAM J. NELSON, THIRD-PARTY DEFENDANT. No. 38,112.Supreme Court of Minnesota. April 28, 1961. Contribution — action for death by wrongful act — spouse of decedent as trustee — right of defendants […]
IN RE DISCIPLINARY ACTION AGAINST ROWE, 621 N.W.2d 1 (Minn. 2001)
In Re Petition for Disciplinary Action against Thomas G. Rowe, an Attorney at Law of the State of Minnesota. No. C1-98-964.Supreme Court of Minnesota. January 8, 2001 ORDER On September 21, 1998, this court publicly reprimanded respondent Thomas G. Rowe and placed him on probation for two years. See In re Rowe, 583 N.W.2d 923 […]
STATE, BY BURNQUIST, v. BARRETT ZIMMERMAN, INC., 228 Minn. 96 (1949)
36 N.W.2d 590 STATE, BY J. A. A. BURNQUIST, ATTORNEY GENERAL, v. BARRETT ZIMMERMAN, INC. AND OTHERS. SIMON MEYERS, RESPONDENT.[1] No. 34,743.Supreme Court of Minnesota. March 11, 1949. [1] Reported in 36 N.W.2d 590. Eminent domain — condemnation proceeding — sufficiency of evidence as to agreement for deduction from award of taxes paid. 1. In […]
LANGE v. NELSON-RYAN FLIGHT SERVICE, INC., 259 Minn. 460 (1961)
108 N.W.2d 428 LORRAINE M. LANGE AND ANOTHER v. NELSON-RYAN FLIGHT SERVICE, INC. No. 38,048.Supreme Court of Minnesota. March 3, 1961. Negligence — cause of airplane crash — proof required — rule adopted. 1. There are two lines of authority in airplane accident cases. One holds that the jury cannot infer negligence in the absence […]
KIECKER v. ESTATE OF KIECKER, 404 N.W.2d 881 (Minn.App. 1987)
Timothy KIECKER, Appellant, v. ESTATE OF Raymond KIECKER, Curtis E. Kiecker, Personal Representative, Respondent. No. C4-86-2010.Minnesota Court of Appeals. May 5, 1987. Appeal from the District Court, Renville County, John J. Weyrens, J. Page 882 Syllabus by the Court 1. Gift cannot be established without clear and convincing proof of donor’s intent. 2. Equitable estoppel […]
MACRAE v. GROUP HEALTH PLAN, INC., A06-1982 (Minn. 11-13-2007)
Margaret MacRae, a trustee for the next of kin of Roderick MacRae v. Group Health Plan, Inc., et al. No. A06-1982.Supreme Court of Minnesota. Filed: November 13, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted. Page 1
McGINNIS v. WENSELL, C0-96-921 (Minn.App. 9-10-1996)
Erin Leann McGinnis and County of Olmsted, Respondents, v. Marc Byron Wensell, Respondent, David Floyd Haley, Appellant. No. C0-96-921.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. § […]
STATE v. LUND, 277 Minn. 90 (1967)
151 N.W.2d 769 STATE v. ARTHUR J. LUND. No. 39,932.Supreme Court of Minnesota. June 16, 1967. Appeal and error — review — scope of review. 1. An appellate court cannot consider matters which were not properly raised and acted upon below and which were not properly saved for review and made a part of the […]
WOJCIECHOWSKI v. WILLIAM D. STANLEY SHOWS, 378 N.W.2d 87 (Minn.App. 1985)
Paula WOJCIECHOWSKI, Appellant, v. WILLIAM D. STANLEY SHOWS, INC., Respondent. No. C9-85-842.Minnesota Court of Appeals. December 3, 1985. Appeal from the District Court, Roseau County, Russell Anderson, J. Syllabus by the Court 1. The trial court did not abuse its discretion in not imposing sanctions for respondent’s failure to provide notice of witnesses to be […]
IN RE WEITZEL-GREEN v. GREEN, C7-01-754 (Minn.App. 11-6-2001)
In Re the Marriage of: Michele M. Weitzel-Green, petitioner, Respondent, v. Scott Lee Green, Appellant. No. C7-01-754, CX-01-1185.Minnesota Court of Appeals. Filed November 6, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
GENERAL MILLS v. DIV. OF EMPLOYMENT AND SECURITY, 224 Minn. 306 (1947)
28 N.W.2d 847 GENERAL MILLS, INC. v. DIVISION OF EMPLOYMENT AND SECURITY FOR MINNESOTA AND ANOTHER.[1] No. 34,400.Supreme Court of Minnesota. July 11, 1947. [1] Reported in 28 N.W.2d 847. Constitution — equal protection of laws — uniformity of taxation — federal and state provisions. 1. Standard of protection afforded by U.S. Const. Amend. XIV […]
PUGH v. WESTREICH, A04-657 (Minn.App. 1-4-2005)
Cynthia L. Pugh, Appellant, v. Gilbert Westreich, M.D., Respondent, Care Delivery Management, Inc., Respondent. No. A04-657.Minnesota Court of Appeals. Filed January 4, 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 […]
WENSMAN v. STATE, 342 N.W.2d 150 (Minn. 1984)
Charles E. WENSMAN, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C0-83-76.Supreme Court of Minnesota. January 13, 1984. Appeal from the District Court, Hennepin County, Harold Kalina, J. Syllabus by the Court Postconviction court properly ruled that trial court did not err in denying pre-trial motion to suppress on fourth amendment grounds. C. Paul Jones, […]
IN RE REINSTATEMENT OF RAMIREZ, 719 N.W.2d 920 (Minn. 2006)
In re THE PETITION FOR REINSTATEMENT OF Sharon D. RAMIREZ, a Minnesota Attorney, Registration No. 231162. No. A04-2499.Supreme Court of Minnesota. August 17, 2006. Page 921 Syllabus by the Court Although reinstatement to the practice of law after disbarment is rare, a disbarred attorney who proves by clear and convincing evidence that she has undergone […]
CLARK v. STATE, A10-1836 (Minn. 2-15-2011)
Nathan Daniel Clark v. State. No. A10-1836.Supreme Court of Minnesota. Filed February 15, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE MARRIAGE OF EINFELDT v. EINFELDT, C7-97-5 (Minn.App. 6-24-1997)
IN RE THE MARRIAGE OF: JEAN A. EINFELDT, petitioner, Respondent, v. JOHN D. EINFELDT, Appellant. No. C7-97-5.Minnesota Court of Appeals. Filed June 24, 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. […]
IN RE BANKEN, A11-1452 (Minn. 11-15-2011)
In re Lea Jean Banken, In re the Marriage of Jeremy Quinton Banken v. Lea Jean Banken. No. A11-1452.Supreme Court of Minnesota. Filed November 15, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied. Page 1
IN RE STEPHENSON v. STEPHENSON, C7-96-1595 (Minn.App. 6-10-1997)
In Re the Marriage of: Ewing E. Stephenson, petitioner, Respondent, v. Mary F. Stephenson, Appellant. No. C7-96-1595.Minnesota Court of Appeals. Filed June 10, 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. […]
IN RE DISCIPLINARY ACTION, 731 N.W.2d 827 (Minn. 2007)
In re Petition for DISCIPLINARY ACTION AGAINST John C. HOTTINGER, a Minnesota Attorney, Registration No. 4734X. No. A07-264.Supreme Court of Minnesota. May 14, 2007. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent John C. Hottinger committed professional misconduct warranting public discipline, namely, misappropriation […]
STATE v. COLLINS, 267 Minn. 550 (1963)
125 N.W.2d 587 STATE v. GERALD COLLINS. No. 39,145.Supreme Court of Minnesota. December 20, 1963. Appeal and error — when appeal can be taken — in criminal cases. Appeal by Gerald Collins from an order of the municipal court of Minneapolis, Hennepin County, Crane Winton, Judge, whereby he was bound over to the district court […]
REBOLD v. CITIZENS STATE BANK, 194 Minn. 73 (1935)
259 N.W. 684 JOHN H. REBOLD v. CITIZENS STATE BANK OF BRAINERD.[1] No. 30,182.Supreme Court of Minnesota. March 22, 1935. [1] Reported in 259 N.W. 684. Mortgage — redemption — extension of time to redeem — application. Where a mortgagor, after foreclosure sale and during the period of redemption, serves notice on the mortgagee that […]
HICKS v. RICHFIELD HEALTH CTR., C0-97-1190 (Minn.App. 2-24-1998)
IDA M. HICKS (McDUFFIE), Relator, v. RICHFIELD HEALTH CENTER, Respondent, COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C0-97-1190.Minnesota Court of Appeals. Filed February 24, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
DISCIPLINARY ACTION AGAINST ALDERMAN, 577 N.W.2d 211 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Robert R. ALDERMAN, an Attorney at Law of the State of Minnesota. No. C3-86-1771.Supreme Court of Minnesota. November 20, 1997. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action or transfer to disability inactive status for respondent Robert R. […]
JENSON v. JOINT IND. SCHOOL DIST. NO. 287, 408 N.W.2d 203 (Minn.App. 1987)
Earl JENSON, Respondent, v. JOINT INDEPENDENT SCHOOL DISTRICT NO. 287, Appellant. No. C1-87-77.Minnesota Court of Appeals. June 23, 1987. Review Denied August 19, 1987. Appeal from the District Court, Hennepin County, Jonathon Lebedoff, J. Page 204 Syllabus by the Court 1. When circumstances show that review of a teacher’s dismissal by writ of certiorari is […]
PETITION OF OTTER TAIL POWER CO., 417 N.W.2d 677 (Minn.App. 1988)
In the Matter of the Petition of OTTER TAIL POWER COMPANY for Authority to Increase Rates for Electric Service in Minnesota. OTTER TAIL POWER COMPANY, Relator, v. MINNESOTA PUBLIC UTILITIES COMMISSION, Minnesota Department of Public Service, Superwood Corporation, et al., Respondents. No. C2-87-1304.Minnesota Court of Appeals. January 5, 1988. Review Denied March 23, 1988. Appeal […]
SCHWARTZ v. CONSOLIDATED FREIGHTWAYS CORP., 300 Minn. 487 (1974)
221 N.W.2d 665 ROY SCHWARTZ v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE AND ANOTHER. Nos. 44158, 44281, 44509, 44525.Supreme Court of Minnesota. August 2, 1974. Conflict of laws — negligence action — right to have law of comparative negligence applied. 1. Under the rule enunciated by this court in Milkovich v. Saari, 295 Minn. 155, 203 […]
MILLER v. LANKOW, 776 N.W.2d 731 (Minn.App. 2009)
David J.T. MILLER, Appellant, v. Linda J. LANKOW, et al., Respondents, DCI, Inc., Defendant, Donnelly Brothers, Respondent, Total Service Company, Respondent, and Linda J. Lankow, et al., third-party plaintiffs, Respondents, v. Burnet Realty, Inc. d/b/a Coldwell Banker Burnet, et al., third-party defendants, Respondents. No. A09-244.Minnesota Court of Appeals. December 22, 2009. Appeal from the District […]
ALLEN v. CITY OF MINNEAPOLIS, C1-02-1506 (Minn.App. 4-23-2003)
Robert Allen, et al., Appellants, vs. City of Minneapolis, Respondent. No. C1-02-1506Minnesota Court of Appeals. Filed April 23, 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 […]
STATE v. DEMUTH, CX-95-2567 (Minn.App. 8-13-1996)
STATE OF MINNESOTA, Respondent, v. LANCE ALOYSIUS DEMUTH, Appellant. No. CX-95-2567.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 Minn. Stat. § 480A.08, subd. 3 (1994). Appeal from the District […]
HALLA v. NORWEST BANK MINNESOTA, C1-99-764 (Minn. 12-14-1999)
Donald Edward Halla, d/b/a Don Halla Investments v. Norwest Bank Minnesota, N.A. No. C1-99-764.Supreme Court of Minnesota. December 14, 1999. Denied.
OLSON v. TRINITY LODGE NO. 282, A. F. A. M., 217 Minn. 162 (1944)
14 N.W.2d 103 ERIK OLSON v. TRINITY LODGE NO. 282, A. F. A. M., AND ANOTHER.[1] No. 33,712.Supreme Court of Minnesota. April 6, 1944. [1] Reported in 14 N.W.2d 103. Workmen’s compensation — proceeding for compensation — competency of testimony of expert. 1. Where a physician, as a witness in a workman’s compensation case, testified […]
STATE v. LICARI, 659 N.W.2d 243 (Minn. 2003)
State of Minnesota, Respondent, vs. Craig Robert Licari, petitioner, Appellant. No. C2-01-290.Supreme Court of Minnesota. Filed April 17, 2003. Appeal from the Minnesota Court of Appeals. Page 244 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 245 SYLLABUS 1. A cotenant of […]
IN RE HABTESILASSIE v. YOHANNES, A07-2324 (Minn.App. 11-25-2008)
In the Matter of: Aster M. Habtesilassie, petitioner, Respondent, v. Barnabas Araya Yohannes, Appellant. No. A07-2324.Minnesota Court of Appeals. Filed November 25, 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 […]
R.W. DOCKS SLIPS v. CHICAGO TITLE INS., C3-01-413 (Minn.App. 7-31-2001)
R.W. Docks Slips, A MN General Partnership, Appellant, vs. Chicago Title Insurance Company, Respondent. No. C3-01-413.Minnesota Court of Appeals. Filed July 31, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
KUHLMANN v. EDUCATIONAL PUBLISHERS, INC., 245 Minn. 171 (1955)
71 N.W.2d 889 RUTH KUHLMANN v. EDUCATIONAL PUBLISHERS, INC., ALSO d.b.a. EDUCATIONAL TEST BUREAU, AND ANOTHER.[1] No. 36,565.Supreme Court of Minnesota. June 24, 1955. [1] Reported in 71 N.W.2d 889. Appeal and error — review — failure to assign errors — voluntary reply. 1. Since appellant failed to make any assignments of error, this court […]
McMAINS v. COMMISSIONER OF PUBLIC SAFETY, 409 N.W.2d 911 (Minn.App. 1987)
David John McMAINS, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C0-87-488.Minnesota Court of Appeals. August 4, 1987. Appeal from the District Court, Hennepin County, Beryl A. Nord, J. Syllabus by the Court A petitioner in an implied consent proceeding may not recover attorney fees and expenses under the statute permitting imposition of sanctions […]
COUNTY OF PENNINGTON v. GIMMESTAD, 170 Minn. 164 (1927)
212 N.W. 185 COUNTY OF PENNINGTON v. CHRIST GIMMESTAD.[1] No. 25,881.Supreme Court of Minnesota. February 4, 1927. [1] Reported in 212 N.W. 185. Correct for county to bring one action to recover balance due from insolvent bank and all its sureties on different bonds. A bank, which had been designated as a depository of county […]
DONNELLY v. INDEPENDENT SCHOOL DISTRICT 199, A03-1774 (Minn.App. 8-10-2004)
Suzanne M. Donnelly, Appellant, v. Independent School District 199, Respondent. No. A03-1774.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 […]
BERGREN v. STATE, A03-1970 (Minn.App. 9-21-2004)
Joel Ryan Bergren, petitioner, Appellant, v. State of Minnesota, Respondent. No. A03-1970.Minnesota Court of Appeals. Filed September 21, 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 […]
IN RE S.R., C1-96-1026 (Minn.App. 10-22-1996)
In the Matter of the Welfare of: S.R. No. C1-96-1026.Minnesota Court of Appeals. Filed October 22, 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, […]
IN RE RICE LAKE AUTO, INC., 430 N.W.2d 881 (Minn.App. 1988)
In re RICE LAKE AUTO, INC., d/b/a Airport Auto Sales. No. CX-88-1965.Minnesota Court of Appeals. November 1, 1988. Appeal from the District Court, St. Louis County, Jack L. Litman, J. Page 882 Syllabus by the Court Appellate review of order refusing to compel compliance with attorney general’s civil investigation demand (CID) is through a petition […]
IN RE TRUSTS A B, 672 N.W.2d 912 (Minn.App. 2004)
In re: Trusts A B Created under the Last Will and Testament of Rube Divine a/k/a Ruben Divine. No. A03-405.Minnesota Court of Appeals. Filed: January 6, 2004. Appeal from the District Court, Ramsey County, File Nos. P5-90-169895 and P5-90-169900. Page 913 SYLLABUS When a trust grants a trustee discretion in the exercise of a power, […]
IN RE MARRIAGE OF MACHEN v. MACHEN, C4-02-1130 (Minn.App. 2-25-2003)
In re the Marriage of Robin Campbell Machen, n/k/a Robin Campbell, petitioner, Respondent, v. James Alan Machen, Appellant. No. C4-02-1130.Minnesota Court of Appeals. Filed February 25, 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. […]
GUGGENBERGER v. COLD SPRING GRANITE, CO., 332 N.W.2d 655 (Minn. 1983)
Norbert GUGGENBERGER, Respondent, v. COLD SPRING GRANITE CO., Relator. No. C5-82-533.Supreme Court of Minnesota. April 29, 1983. Appeal from the Workers’ Compensation Court of Appeals. Syllabus by the Court Respondent’s claim was barred by Minn.Stat. § 176.66, subd. 3 (1971), since he suffered no disablement within three years of his last exposure to silica dust. […]
STATE v. SPARKMAN, CX-03-378 (Minn.App. 1-20-2004)
State of Minnesota, Respondent, v. Michael Edward Sparkman, a/k/a Ibn Michael El, Appellant. No. CX-03-378.Minnesota Court of Appeals. Filed January 20, 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). […]
MATTER OF THE CIVIL COMMITMENT OF BARBER, A04-2089 (Minn. 6-14-2005)
In the Matter of the Civil Commitment of: James Allen Barber. No. A04-2089.Supreme Court of Minnesota. June 14, 2005. Order on petition for further review Denied.
McCARTHY WELL CO. v. ST. PETER CREAMERY, 410 N.W.2d 312 (Minn. 1987)
McCARTHY WELL COMPANY, INC., petitioner, Appellant, v. ST. PETER CREAMERY, INC., Respondent. No. C6-85-1740.Supreme Court of Minnesota. August 7, 1987. Page 313 Syllabus by the Court 1. Where the “predominant factor” in an agreement is the performance of services rather than the sale of goods Superwood v. Siempelkamp, 311 N.W.2d 159 (Minn. 1981), does not […]
GALATOVICH v. WATSON, 412 N.W.2d 758 (Minn.App. 1987)
Dennis Andrew GALATOVICH, Respondent, v. Robert Earl WATSON, et al., Appellants. No. C3-87-324.Minnesota Court of Appeals. September 29, 1987. Appeal from the District Court, Washington County, Thomas G. Armstrong, J. Page 759 Syllabus by the Court Default judgment must be vacated if appellant shows reasonable defense on the merits; reasonable excuse for their failure or […]
FIRST NAT. BANK v. CONSOLIDATED SCHOOL DIST. NO. 28, 184 Minn. 635 (1931)
239 N.W. 672 FIRST NATIONAL BANK OF WINDOM v. CONSOLIDATED SCHOOL DISTRICT NO. 28, JACKSON COUNTY, AND OTHERS. FIRST NATIONAL BANK OF HERON LAKE v. SAME DEFENDANTS.[1] Nos. 28,579, 28,580.Supreme Court of Minnesota. October 2, 1931. [1] Reported in 238 N.W. 634, 240 N.W. 662. School and school district — actions to recover on warrants. […]
BARTEL v. NEW HAVEN TP., 323 N.W.2d 806 (Minn. 1982)
Steven A. BARTEL, Appellant (81-875), Respondent (81-881), v. NEW HAVEN TOWNSHIP, Respondent (81-875), Appellant (81-881). Nos. 81-875, 81-881.Supreme Court of Minnesota. August 31, 1982. Appeal from the District Court, Olmsted County, Lawrence E. Agerter, J. Page 807 Syllabus by the Court 1. Medical payments received by a driver from his no-fault insurer are deductible under […]
STATE v. BOWMAN, A04-2492 (Minn. 12-12-2006)
State v. Tavo Ray Bowman. No. A04-2492.Supreme Court of Minnesota. Filed December 12, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Vacate Stay/Deny.
AXELSON v. MINNEAPOLIS TEACHERS’ RET., 544 N.W.2d 297 (Minn. 1996)
Richard J. AXELSON, Respondent, v. MINNEAPOLIS TEACHERS’ RETIREMENT FUND ASSOCIATION, et al., Petitioners, Appellants. No. C8-94-2153.Supreme Court of Minnesota. March 8, 1996. Page 298 Syllabus by the Court 1. Board of trustees of retirement fund association does not have discretionary authority to permit a member to purchase retirement service credits for years in which member […]
DANIELSON MOBIL, INC. v. JOHNSON, 394 N.W.2d 251 (Minn.App. 1986)
DANIELSON MOBIL, INC., Relator, v. Budd JOHNSON, Department of Jobs and Training, Respondents. No. C7-86-994.Minnesota Court of Appeals. October 14, 1986. Syllabus by the Court The employee voluntarily terminated his employment with good cause attributable to his employer where employer rescinded promise of eight hours overtime per week. John B. Lennes, Jr., Koll, Olson Morrison, […]
SCHWARTZ v. CITY OF DULUTH, 264 Minn. 514 (1963)
119 N.W.2d 822 GRACE A. SCHWARTZ v. CITY OF DULUTH AND ANOTHER. No. 38,699.Supreme Court of Minnesota. February 8, 1963. Workmen’s compensation — review — findings — causal relationship between occupational disease and employment. 1. Where medical experts disagree as to causal relationship between progress and development of an occupational disease and the employment, a […]
SMOLECKI v. SMOLECKI, 386 N.W.2d 846 (Minn.App. 1986)
In re the Marriage of Krystyna SMOLECKI, Petitioner, Respondent, v. Chester SMOLECKI, a.k.a. Czeslaw Smolecki, Appellant. No. C8-85-1819.Minnesota Court of Appeals. May 20, 1986. Review Denied July 16, 1986. Appeal from the District Court, Sherly A. Hvaas, J. Syllabus by the Court 1. The trial court’s determination that the homestead was marital property and its […]
PETITIONS FOR FURTHER REVIEW FILED (Minn. 3-13-2001)
ORDERS ON PETITIONS FOR FURTHER REVIEW FILEDSupreme Court of Minnesota. March 13, 2001. 1. State v. Michael (NMN) Newell C4-00-460 Denied 2. Mark Mesick v. Michelle L. MacDonald, et al. C6-00-1903 Denied 3. State v. Darrell E. Lewis C9-00-1278 Denied 4. In the Matter of the Delinquency of: C6-00-881 Denied D.L.O., Juvenile 5. State v. […]
ROGERS v. ROGERS, 606 N.W.2d 724 (Minn.App. 2000)
Marriage of: Rolf Edward Rogers, petitioner, Appellant, vs. Lisa Anne Rogers Respondent. No. C2-99-1325.Minnesota Court of Appeals. Filed March 7, 2000. Hennepin County District Court, File No. DC202419. Page 725 Affirmed in part, reversed in part, and remanded; motion denied. Page 726 SYLLABUS 1. Under Tweeton v. Tweeton, 560 N.W.2d 746 (Minn.App. 1997) review denied […]
STATE v. CALEL, A07-1882 (Minn.App. 12-29-2009)
State of Minnesota, Respondent, v. Alejandro Perez Calel, Appellant. No. A07-1882.Minnesota Court of Appeals. December 29, 2009. Appeal from District Court, Lyon County, Hon. George I. Harrelson. RECENT ORDER OPINIONS FRANCIS J. CONNOLLY, Judge. Reversed and remanded. Page 1
WOMACK v. CITY OF MINNEAPOLIS, A06-11 (Minn. 11-14-2006)
Priscilla and Nelson Womack v. City of Minneapolis. No. A06-11.Supreme Court of Minnesota. Filed November 14, 2006. ORDER ON PETITION FOR FURTHER REVIEW Denied.
ALICH v. DAKOTA COUNTY COMMUNITY DEVELOPMENT, C4-02-818 (Minn.App. 2-4-2003)
June Alich, Relator, v. Dakota County Community Development Authority, Respondent. No. C4-02-818Minnesota Court of Appeals. Filed February 4, 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 Dakota […]
STANDARD OIL CO. v. BERTELSEN, 186 Minn. 483 (1932)
243 N.W. 701 STANDARD OIL COMPANY v. DELVIN BERTELSEN.[1] No. 28,839.Supreme Court of Minnesota. July 8, 1932. [1] Reported in 243 N.W. 701. Injunction — contract not to engage in particular occupation. 1. The trial court, on the facts here presented, was justified in refusing to enjoin the defendant from engaging for others in the […]
STATE v. KNUTSON, A07-0588 (Minn.App. 7-1-2008)
State of Minnesota, Respondent. v. Thomas W. Knutson, Appellant. No. A07-0588.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. 3 (2006). Appeal from the District […]
STATE v. HODGMAN, 257 N.W.2d 313 (Minn. 1977)
STATE of Minnesota, Appellant, v. Donald Leo HODGMAN, Respondent. No. 47448.Supreme Court of Minnesota. July 22, 1977. Appeal from the District Court, Anoka County, John F. Dablow, J. Warren Spannaus, Atty. Gen., St. Paul, Robert Johnson, Co. Atty., Edwin M. Wistrand, Asst. County Atty., Anoka, for appellant. Page 314 C. Paul Jones, Public Defender, Minneapolis, […]
CAPITAL ONE BANK v. MIKKALSON, A10-1051 (Minn.App. 3-8-2011)
Capital One Bank, N. A., Respondent, v. Benjamin Mikkalson, Appellant. No. A10-1051.Minnesota Court of Appeals. Filed: March 8, 2011. Page 1 Appeal from the District Court, Dakota County, Hon. Judge Erica H. Macdonald. RECENT ORDER OPINIONS ROGER M. KLAPHAKE, Judge. Reversed and remanded. Page 1
BLACK v. RUETHER, C4-97-1757 (Minn.App. 2-24-1998)
Jane Ruby Black, petitioner, Appellant, v. Joseph Charles Ruether, Respondent. No. C4-97-1757.Minnesota Court of Appeals. Filed February 24, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the […]
STATE v. WHITE, 300 N.W.2d 176 (Minn. 1980)
STATE of Minnesota, Respondent, v. Alphonso WHITE, Appellant. No. 50872.Supreme Court of Minnesota. December 26, 1980. Appeal from the District Court, Hennepin County, Irving C. Iverson, J. Page 177 Syllabus by the Court 1. Evidence of defendant’s guilt of burglary and aggravated robbery was sufficient. 2. Prosecutor’s failure to inform defense counsel of information which […]
KUEHN v. ST. LOUIS COUNTY, 694 N.W.2d 72 (Minn. 2005)
Kurt G. KUEHN, Respondent, v. ST. LOUIS COUNTY, and St. Louis County/Self-Insured, Relators. No. A04-2378.Supreme Court of Minnesota. March 30, 2005. Appeal from Workers’ Compensation Court of Appeals. Alan L. Mitchell, St. Louis County Attorney, Timothy O. Lee, Asst. County Attorney, Duluth, MN, for Relators. Michael J. Cuzzo, Cuzzo, Bradt Envall, PA, Duluth, MN, for […]
SPRINGFIELD FMR ELV. CO. v. ST. BK. SPRGFLD, 360 N.W.2d 402 (Minn.App. 1985)
SPRINGFIELD FARMERS ELEVATOR COMPANY, Appellant, v. STATE BANK OF SPRINGFIELD, Respondent. No. C6-84-1520.Minnesota Court of Appeals. January 8, 1985. Review Denied March 21, 1985. Appeal from the District Court, Brown County, Noah S. Rosenbloom, J. Syllabus by the Court Minn.R.Civ. P. 6.01 applies to computations of time under Minn.Stat. § 550.13 (1982). James R. Anderson, […]
GESKE v. MARCOLINA, A04-1773 (Minn. 10-18-2005)
Jean Ann Geske, f/k/a Jean Ann Marcolina v. Jeffrey Alan Marcolina. No. A04-1773.Supreme Court of Minnesota. Filed October 18, 2005. Order on petition for further review Denied.
METOXEN v. STATE, A08-1634 (Minn.App. 5-26-2009)
Jordan Michael Metoxen, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-1634.Minnesota Court of Appeals. Filed May 26, 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 […]
STATE v. MILLS, 562 N.W.2d 276 (Minn. 1997)
STATE of Minnesota, Respondent, v. Maime Hernandez MILLS, Appellant. No. C4-96-1327.Supreme Court of Minnesota. April 10, 1997. Appeal from the District Court, Hennepin County, Marilyn Justman, J. Page 277 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 278 Syllabus by the Court […]
WILLIAM WARNOCK CO. INC. v. H. D. HUDSON MFG. CO., 200 Minn. 196 (1937)
273 N.W. 710 WM. WARNOCK COMPANY, INC. AND ANOTHER v. H. D. HUDSON MANUFACTURING COMPANY.[1] No. 31,254.Supreme Court of Minnesota. June 4, 1937. [1] Reported in 273 N.W. 710. Corporation — corporate existence — extension. 1. The general laws providing for the extension of corporate existence do not confer contract rights to corporations organized thereunder […]
WETHERN v. ALLARD, A09-0004 (Minn.App. 9-29-2009)
Frank Wethern, et al., Respondents, v. Christopher Allard, Appellant. No. A09-0004.Minnesota Court of Appeals. Filed September 29, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
STATE v. SHAW, 264 N.W.2d 397 (Minn. 1978)
STATE of Minnesota, Appellant, v. Melbourne J. SHAW, Respondent. No. 48109.Supreme Court of Minnesota. March 17, 1978. Appeal from the District Court, Pine County, William T. Johnson, Retired J. Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Gary Hansen, Special Asst. Atty. Gen., St. Paul, Thomas J. Ryan, County Atty., Pine City, for […]
CITY OF SARTELL v. LAHR, C9-97-359 (Minn.App. 9-9-1997)
CITY OF SARTELL, petitioner, Respondent, v. GEORGE H. LAHR, ET AL., Appellants, SARTELL GOLF CLUB, INC., ET AL., Defendants. No. C9-97-359.Minnesota Court of Appeals. Filed September 9, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. […]
STATE v. RONNING, 356 N.W.2d 446 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Kenneth A. RONNING, Appellant. No. C6-84-285.Minnesota Court of Appeals. October 23, 1984. Appeal from the District Court, St. Louis County, Jack Litman, J. Page 447 Syllabus by the Court In sentencing defendant on the same day for two separate offenses, defendant’s criminal history score properly reflected the offense committed first […]
STATE v. JAHNKE, A09-0322 (Minn.App. 7-7-2009)
State of Minnesota, Appellant, v. Carey James Jahnke, Respondent. No. A09-0322.Minnesota Court of Appeals. Filed July 7, 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 […]
IN RE CROCKARELL v. CROCKARELL, 631 N.W.2d 829 (Minn.App. 2001)
In Re the Marriage of: Laurel Ann Crockarell, n/k/a Laurel Ann March, petitioner, Respondent, Ramsey County, Respondent, vs. James L. Crockarell, Appellant. No. C2-01-94Minnesota Court of Appeals. Filed July 31, 2001. Appeal from the District Court, Ramsey County, James, H. Clark, File No. F180448369. Page 830 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
IN RE DISCIPLINARY ACTION AGAINST RANDALL, 562 N.W.2d 679 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Michael H. RANDALL, an Attorney at Law of the State of Minnesota. No. C3-96-721.Supreme Court of Minnesota. May 8, 1997. Page 680 Michael H. Randall, Brooklyn Center, for appellant. Candace M. Hojan, Senior Assistant Director, Office of Lawyers Professional Responsibility, St. Paul, for respondent. Heard, considered, and decided […]
STATE v. SMITH, 384 N.W.2d 546 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Elgin SMITH, Appellant. No. C3-85-1114.Minnesota Court of Appeals. April 1, 1986. Review Denied May 29, 1986. Appeal from the District Court, Carlton County, Donald C. Odden, J. Page 547 Syllabus by the Court Trial court erred in admitting, for substantive purposes, child’s pretrial statements regarding sexual penetration. Hubert H. Humphrey, […]
ART DALE ASSOCIATES, INC. v. ELSEN, A03-439 (Minn.App. 3-4-2004)
Art Dale Associates, Inc. v. Richard J. Elsen, et al. No. A03-439.Minnesota Court of Appeals. March 4, 2004. Hennepin Countypart Hon. Marilyn Brown Rosenbaum. CASES DISPOSED BY ORDER OPINION Minge, J. Affirmed in part, reversed in and remanded.
STATE, BY BURNQUIST v. MARCKS, 228 Minn. 129 (1949)
36 N.W.2d 594 STATE, BY J. A. A. BURNQUIST, ATTORNEY GENERAL, v. WILLIAM (ALSO KNOWN AS WM.) MARCKS.[1] No. 34,866.Supreme Court of Minnesota. March 18, 1949. [1] Reported in 36 N.W.2d 594. Municipal corporation — property dedicated for highway purposes — duty of city. 1. A municipality has no power to convey property dedicated and […]
SHEASGREEN HOLDING CO. v. DWORSKY, 182 Minn. 142 (1930)
233 N.W. 853 SHEASGREEN HOLDING COMPANY v. ZOLLE DWORSKY.[1] No. 28,233.Supreme Court of Minnesota. December 19, 1930. [1] Reported in 233 N.W. 853. Second foreclosure by advertisement not barred by pending action. A second proceeding to foreclose a real estate mortgage by advertisement will not be set aside simply because of the pendency of an […]
MATTER OF WELFARE OF J.S.J., 550 N.W.2d 290 (Minn.App. 1996)
In the Matter of the WELFARE OF J.S.J., Child. No. CX-95-1791.Minnesota Court of Appeals. June 11, 1996. Appeal from the District Court, Becker County, Thomas P. Schroeder, J. Page 291 Syllabus by the Court 1. The district court did not abuse its discretion in concluding no good cause existed to grant an extension of time […]
SIPE v. ABILITY BUILDING CTR., C7-02-103 (Minn.App. 7-9-2002)
Deborah C. Sipe, Relator, v. Ability Building Center, Inc., Respondent, Commissioner of Economic Security, Respondent. No. C7-02-103.Minnesota Court of Appeals. Filed July 9, 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. […]
ARGENT v. ENTERPRISE LEASING CO., A07-842 (Minn.App. 5-6-2008)
Aaron A. Argent, Relator, v. Enterprise Leasing Company (MN Corp), Respondent, Department of Employment and Economic Development, Respondent. No. A07-842.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 provided by Minn. Stat. […]
KOLSTAD v. FAIRWAY FOODS, INC., 457 N.W.2d 728 (Minn.App. 1990)
Laurie KOLSTAD, Respondent, v. FAIRWAY FOODS, INC., Appellant. No. C2-90-230.Minnesota Court of Appeals. July 3, 1990. Page 729 Syllabus by the Court 1. Substantial evidence supports the conclusion of the administrative law judge (ALJ) that the employer’s ultimatum to respondent of immediate resignation or 30 days’ probation constituted an unfair, gender-based discriminatory practice in violation […]
STATE v. KROSHUS, 447 N.W.2d 203 (Minn.App. 1989)
STATE of Minnesota, Respondent, v. Jeffrey William KROSHUS, Appellant. No. C3-89-439.Minnesota Court of Appeals. October 31, 1989. Review Denied December 20, 1989. Appeal from the District Court, Wilkin County, Keith C. Davison, J. Syllabus by the Court Trial court did not commit prejudicial error in excluding evidence offered by defendant to show victim of criminal […]
STOKES v. COMMISSIONER OF PUBLIC SAFETY, A10-1431 (Minn.App. 2-22-2011)
Anthony Joseph Stokes, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A10-1431.Minnesota Court of Appeals. Filed: February 22, 2011. Appeal from the District Court, Fillmore County, Hon. Robert R. Benson. GARY L. CRIPPEN, Judge.[*] [*] Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, RECENT ORDER […]
IN RE MARRIAGE OF LISLE v. LISLE, C1-01-2080 (Minn.App. 6-18-2002)
In re the Marriage of: Creig Allen Lisle, petitioner, Appellant, v. Doreen Angela Lisle, Respondent. No. C1-01-2080.Minnesota Court of Appeals. Filed June 18, 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. […]
IN RE EDINGER, 700 N.W.2d 462 (Minn. 2005)
In re PETITION FOR DISCIPLINARY ACTION AGAINST Richard Edward EDINGER, a Minnesota Attorney, Registration No. 263965. No. A04-1276.Supreme Court of Minnesota. July 28, 2005. Page 463 SYLLABUS An attorney who fails to timely respond and then makes false statements to the Office of Lawyers Professional Responsibility in connection with an investigation of trust account overdrafts, […]
TAKE 5, DELAWARE, TRUST v. LAFAYETTE INT’L, A06-1874 (Minn.App. 9-4-2007)
Take 5, Delaware Business Trust, et al., Appellants, v. Lafayette International, Inc., et al., Respondents. No. A06-1874.Minnesota Court of Appeals. Filed September 4, 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. […]
CASE CREDIT CORPORATION v. HYDRA-MAC, INC., A05-193 (Minn.App. 10-25-2005)
Case Credit Corporation, Respondent, v. Hydra-Mac, Inc., et al., Appellants. No. A05-193.Minnesota Court of Appeals. Filed October 25, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the […]
INDEPENDENT SCH. DIST. NO. 877 v. LOBERG P. H. CO., 266 Minn. 426 (1963)
123 N.W.2d 793 INDEPENDENT SCHOOL DISTRICT NO. 877 v. LOBERG PLUMBING HEATING COMPANY. No. 38,735.Supreme Court of Minnesota. October 11, 1963. Contracts — exculpatory provisions — validity. 1. Exculpatory provisions of a building construction contract exonerating a contracting party from liability for damages resulting from his own negligence, not in contravention of public policy, are […]