246 N.W.2d 170 V. R. ROONEY v. DAYTON-HUDSON CORPORATION AND OTHERS. Supreme Court of Minnesota. No. 45574. September 10, 1976. Contracts — construction of agreement — duration. 1. The agreement of the parties made August 21, 1973, was an option to purchase and not a contract to purchase, and thus expired by its own terms. […]
Category: Minnesota Court Opinions
SELLY v. SPERRY REALTY INVESTMENT CO., 181 Minn. 186 (1930)
232 N.W. 6 ANTHONY J. SELLY AND ANOTHER v. SPERRY REALTY INVESTMENT COMPANY.[1] No. 27,668.Supreme Court of Minnesota. August 15, 1930. [1] Reported in 232 N.W. 6. Verdict wrongly directed. There being in the record unequivocal testimony that the relationship between the parties was that of vendor and vendee, it was error to direct a […]
STATE v. SCOTT, C8-03-24 (Minn.App. 7-1-2003)
STATE v. SCOTT. No. C8-03-24.Minnesota Court of Appeals. July 1, 2003. Appeal from Hennepin County, Harten, J. Hon. Thorwald H. Anderson. Reversed/Remanded.
STATE v. WOLF, 168 Minn. 505 (1926)
210 N.W. 589 STATE v. FRANKLIN T. WOLF.[1] No. 25,615.Supreme Court of Minnesota. October 22, 1926. [1] Reported in 210 N.W. 589. Information sufficient. 1. In an information charging an attempt to commit larceny by false representations, the averment that the representations were made is a sufficient charge of the overt act which is necessary […]
IN RE DISCIPLINARY ACTION, 757 N.W.2d 692 (Minn. 2008)
In re Petition for DISCIPLINARY ACTION AGAINST James L. BERG, a Minnesota Attorney, Registration No. 139105. No. A08-1214.Supreme Court of Minnesota. November 26, 2008. ORDER In July 2008, the Director filed a petition for disciplinary action alleging that respondent James L. Berg committed professional misconduct warranting public discipline, namely, misappropriation of client funds, failure to […]
OLSON v. GAUSEN, A08-1756 (Minn.App. 7-21-2009)
Matthew Olson, Appellant, v. Jamie Gausen, et al., Respondents, Shane Friesner, Respondent, John Streiff, Respondent. No. A08-1756.Minnesota Court of Appeals. Filed July 21, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. […]
IN RE VENTURA, 600 N.W.2d 714 (Minn. 1999)
In Re Proposed Petition to Recall Governor Jesse Ventura. No. C9-99-1726.Supreme Court of Minnesota. Dated October 18, 1999. Page 715 ORDER Pursuant to Minn. Stat. § 211C.04 (1998), the secretary of state has referred a proposed petition to recall Governor Jesse Ventura to the chief justice for review. The statutory review process requires the chief […]
STATE v. REED, A08-2042 (Minn. 2-24-2010)
State v. Latrez Kemon Reed. No. A08-2042.Supreme Court of Minnesota. Filed February 24, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
AHMED v. BUDGET RENT A CAR SYSTEM, A05-140 (Minn.App. 11-15-2005)
Abdibarre M. Ahmed, Relator, v. Budget Rent A Car System, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A05-140.Minnesota Court of Appeals. Filed November 15, 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. […]
STATE v. SORNSEN, C9-02-1687 (Minn.App. 8-12-2003)
State of Minnesota, Respondent, vs. Dennis James Sornsen, Appellant. No. C9-02-1687.Minnesota Court of Appeals. August 12, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). ORDER Based on the file, […]
DURGIN v. MERCANTILE ACCEPTANCE CO., 167 Minn. 330 (1926)
209 N.W. 5 A.L. DURGIN v. MERCANTILE ACCEPTANCE COMPANY.[1] No. 25,315.Supreme Court of Minnesota. May 21, 1926. [1] Reported in 209 N.W. 5. When grant or denial of temporary injunction is within discretion of trial court. The rule that it is largely within the discretion of the trial court to grant or deny an application […]
IN RE MARRIAGE OF THOMMES, A10-1059 (Minn.App. 4-19-2011)
In re the Marriage of: Anne Elizabeth Thommes, petitioner, Appellant, v. Michael Anthony Thommes, Respondent. No. A10-1059.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. […]
IN RE PODRATZ v. PODRATZ, CX-96-1011 (Minn.App. 10-29-1996)
In Re the Marriage of: Rosalyn O’Leary Podratz, petitioner, Respondent, vs. Karl Clarence Podratz, Appellant. No. CX-96-1011.Minnesota Court of Appeals. Filed October 29, 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. […]
STATE v. CRAWFORD, 394 N.W.2d 189 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. David Walter CRAWFORD, Appellant. No. C8-86-101.Minnesota Court of Appeals. October 7, 1986. Review Denied November 19, 1986. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 190 Syllabus by the Court The discovery rules for criminal proceedings do not contain a general duty to disclose the substance […]
STEELE v. STEELE, 304 N.W.2d 34 (Minn. 1981)
Juanita L. STEELE, Petitioner, Appellant, (50183) Respondent v. Edgar S. STEELE, Respondent, Appellant (50205) Nos. 50183, 50205.Supreme Court of Minnesota. April 3, 1981. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Syllabus by the Court The trial court properly distributed the marital property in issue here, awarding the homestead to wife, who […]
STATE v. WILSON, 539 N.W.2d 241 (Minn. 1995)
STATE of Minnesota, Respondent, v. Charles Ray WILSON, Appellant. No. C8-94-1679.Supreme Court of Minnesota. October 27, 1995. Appeal from the District Court, Ramsey County, Kathleen R. Gearin, J. Page 242 Syllabus by the Court 1. The evidence sustained the trial court’s finding that defendant failed to prove mental illness by a preponderance of the evidence. […]
PINCKNEY v. NUTTY BOYZ ENTERTAINMENT GROUP, A10-1289 (Minn.App. 4-19-2011)
Thomas Pinckney, Relator, v. Nutty Boyz Entertainment Group, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A10-1289.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. § […]
RING v. MINNEAPOLIS STREET RAILWAY CO., 176 Minn. 377 (1929)
223 N.W. 619 MICHAEL E. RING v. MINNEAPOLIS STREET RAILWAY COMPANY.[1] No. 27,006.Supreme Court of Minnesota. February 8, 1929. [1] Reported in 223 N.W. 619. Collision between fire truck and street car was due to negligence of motorman. 1. The evidence amply justified the jury in finding that the accident was due to the negligence […]
PHAN v. RADISSON HOTEL, 712 N.W.2d 759 (Minn. 2006)
Minh-Phuong T. PHAN, Respondent, v. RADISSON HOTEL, and American Compensation Insurance/RTW, Relators. No. A06-22.Supreme Court of Minnesota. April 26, 2006. Appeal from Workers’ Compensation Court of Appeals. Brian James Holly, Asfedt, Forde, Gray, Monson Hager, P.A., Minneapolis, MN, for Appellant. Minh-Phuong T. Phan, St. Paul MN, Pro Se Respondent. Considered and decided by the court […]
BOWDEN v. CITIZENS LOAN TRUST CO., 194 Minn. 113 (1935)
259 N.W. 815 IN RE TRUST CREATED UNDER WILL OF JOSEPHINE H. BOWDEN. RICHARD W. BOWDEN AND OTHERS v. CITIZENS LOAN TRUST COMPANY OF MANKATO.[1] No. 30,325.Supreme Court of Minnesota. March 22, 1935. [1] Reported in 259 N.W. 815. Trust — diligence and good faith required of trustee. 1. A trustee is in duty bound […]
IN RE KELLIE v. KELLIE, C7-99-137 (Minn.App. 7-13-1999)
In Re the Marriage of: Betty Jean Kellie, petitioner, Respondent, v. Truman Frank Kellie, Appellant. No. C7-99-137.Minnesota Court of Appeals. Filed July 13, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
IN MATTER OF A.F., A08-1044 (Minn.App. 12-23-2008)
In the Matter of the Welfare of the Child of: A. F., Parent. No. A08-1044.Minnesota Court of Appeals. Filed December 23, 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). […]
ARONOVITCH v. LEVY, 238 Minn. 237 (1953)
56 N.W.2d 570 MORRIS E. ARONOVITCH v. MORRIS G. LEVY, SR.[1] No. 35,828.Supreme Court of Minnesota. January 2, 1953. [1] Reported in 56 N.W.2d 570. Equity — doctrine of laches — application in legal action. 1. Where only strictly legal rights are in controversy and an action is brought within the time prescribed by our […]
STATE v. LAHR, 368 N.W.2d 6 (Minn.App. 1985)
STATE of Minnesota, Appellant, v. Leander Frank LAHR, Respondent. No. C1-84-2025.Minnesota Court of Appeals. May 21, 1985. Appeal from the District Court, Benton County, Ranier L. Weis, J. Syllabus by the Court Trial court improperly used the probable cause standard to determine the validity of an automobile stop. Hubert H. Humphrey, III, Atty. Gen., Justin […]
STATE v. VONBEHREN, 777 N.W.2d 48 (Minn.App. 2010)
STATE of Minnesota, Respondent, v. Thomas Allen VONBEHREN, Appellant. No. A08-1347.Minnesota Court of Appeals. January 12, 2010. Appeal from the District Court, Hennepin County, Tony N. Leung, J. Syllabus by the Court 1. The Uniform Mandatory Disposition of Detainers Act (UMDDA), Minn. Stat. § 629.292 (2006), does not apply to a defendant who has been […]
IN RE MARRIAGE OF ROSE, A10-497 (Minn.App. 8-31-2010)
In re the Marriage of: David Laurence Rose, petitioner, Appellant, v. Lindsay Cheche Brooks, Respondent. No. A10-497.Minnesota Court of Appeals. Filed August 31, 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. […]
REINHARD v. UNIVERSAL FILM EXCHANGE, INC., 197 Minn. 371 (1936)
267 N.W. 223 FRANK C. REINHARD v. UNIVERSAL FILM EXCHANGE, INC. AND ANOTHER.[1] No. 30,744.Supreme Court of Minnesota. May 15, 1936. [1] Reported in 267 N.W. 223. Appeal and error — review — conflicting evidence — question for triers of fact. 1. It is for the triers of fact to choose not only between conflicting […]
TELMA v. TELMA, 474 N.W.2d 322 (Minn. 1991)
In Re the Marriage of Ardith E. TELMA, Petitioner, Appellant, v. Robert J. TELMA, Respondent. No. C1-90-2373.Supreme Court of Minnesota. August 30, 1991. Page 323 John H. McLoone, IV, McLoone Law Offices, Waseca, for appellant. Robert E. Schmidt, Schmidt Law Office, Ltd., Waseca, for respondent. Considered and decided by the court en banc without oral […]
MATTER OF WELFARE OF A.K., 373 N.W.2d 821 (Minn.App. 1985)
In the Matter of the WELFARE OF A.K., Child. No. CX-85-641.Minnesota Court of Appeals. September 3, 1985. Appeal from the County Court, Blue Earth County, Charles C. Johnson, J. Syllabus by the Court The trial court did not err in terminating a mother’s parental rights where she failed to take reasonable efforts to correct the […]
STATE v. JONES, A04-841 (Minn. 7-19-2005)
State v. Baron Montero Jones. No. A04-841.Supreme Court of Minnesota. July 19, 2005. Order on petition for further review Denied.
DARYANI v. SEWER, A05-1200 (Minn.App. 3-14-2006)
Sam M. Daryani, et al., Respondents, v. Rich Prairie Sewer and Water District, Appellant. Morrison County, Minnesota, Defendant. No. A05-1200.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. […]
STATE v. CARLSON, A11-388 (Minn.App. 11-21-2011)
State of Minnesota, Respondent, v. Rand Edward Carlson, Appellant. No. A11-388.Minnesota Court of Appeals. Filed November 21, 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 District Court, […]
DEDEN v. GROSSE, 185 Minn. 278 (1932)
240 N.W. 909 DIEDRICH DEDEN v. ED GROSSE AND ANOTHER.[1] No. 28,707.Supreme Court of Minnesota. February 5, 1932. [1] Reported in 240 N.W. 909. Bills and notes — accommodation maker — contribution. 1. Contribution properly awarded one of two accommodation makers of a promissory note against the other, both having been found on sufficient evidence […]
THORESON v. YELLOW TAXI SERVICE CORPORATION, A04-819 (Minn. 4-19-2005)
Lois K. Thoreson v. Yellow Taxi Service Corporation, Commissioner of Employment and Economic Development. No. A04-819.Supreme Court of Minnesota. April 19, 2005. Order on petition for further review Denied.
STATE v. SCHMIT, C4-98-1509 (Minn.App. 2-2-1999)
State of Minnesota, Appellant, v. Scott James Schmit, Respondent. No. C4-98-1509.Minnesota Court of Appeals. Filed February 2, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
LEWIS v. LEWIS, 410 N.W.2d 88 (Minn.App. 1987)
In re the Marriage of Sandra Jeanne LEWIS, Petitioner, Respondent, v. Donald William LEWIS, Appellant. No. C0-87-653.Minnesota Court of Appeals. August 18, 1987. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 89 Syllabus by the Court 1. Appellant’s claim that the court erred in denying his request to relitigate the paternity […]
STATE v. J.T.W., C1-00-2165 (Minn.App. 10-30-2001)
State of Minnesota ex rel Kandiyohi County Family Services, Plaintiff, K.M.B., n/k/a K.M.M., as Mother and Natural Guardian of K.B., Appellant, v. J.T.W., Respondent. No. C1-00-2165Minnesota Court of Appeals. Filed October 30, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited […]
KREMER v. COMMISSIONER OF PUBLIC SAFETY, C3-99-1026 (Minn.App. 11-16-1999)
ANDREW RAYMOND KREMER, petitioner, Respondent, v. COMMISSIONER OF PUBLIC Safety, Appellant. No. C3-99-1026.Minnesota Court of Appeals. Filed November 16, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from […]
STATE v. DAHLEN, C9-98-1313 (Minn.App. 5-4-1999)
State of Minnesota, Respondent, v. Jim Ray Dahlen, Appellant. No. C9-98-1313.Minnesota Court of Appeals. Filed May 4, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
KNUDSEN v. WEIBER, 192 Minn. 30 (1934)
255 N.W. 246 RUTH KNUDSEN v. MONICA WEIBER.[1] No. 29,841.Supreme Court of Minnesota. June 8, 1934. [1] Reported in 255 N.W. 246. Damages — not excessive. A verdict for $10,000 was reduced by the trial court to $6,500, which reduction was accepted by plaintiff. There was nothing to indicate that the jury was influenced by […]
FELCYN v. GAMBLE, 185 Minn. 357 (1932)
241 N.W. 37 IRENE FELCYN v. PHILLIP GAMBLE AND OTHERS.[1] No. 28,801.Supreme Court of Minnesota. February 19, 1932. [1] Reported in 241 N.W. 37. Automobile — family car doctrine inapplicable to motorboat. The family car doctrine, that “where the head of the family makes it his business to provide recreation and pleasure for the family […]
STATE EX REL. THOMAS v. RIGG, 255 Minn. 227 (1959)
96 N.W.2d 252 STATE EX REL. ROBERT THOMAS v. DOUGLAS C. RIGG. No. 37,657.Supreme Court of Minnesota. April 17, 1959. Habeas corpus — as substitute for appeal or writ of error. 1. It is elementary that habeas corpus may not be used as a substitute for a writ of error or appeal or as a […]
QUADE v. SECURA INSURANCE, A10-714 (Minn. 3-29-2011)
David Quade, et al. v. Secura Insurance. No. A10-714.Supreme Court of Minnesota. Filed March 29, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
IN MATTER OF WHITLEY, A09-1898 (Minn. 5-26-2010)
In the Matter of the Civil Commitment of: Dennis Lee Whitley, Jr. No. A09-1898.Supreme Court of Minnesota. Filed May 26, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
MICHEL v. MINN-DAK CO., C8-02-1082 (Minn.App. 12-3-2002)
Sid Michel, individually, and d/b/a Michel Enterprises, Appellant, v. Minn-Dak Co., d/b/a Fargo Freightliner, Respondent, Seats, Inc., Respondent, vs. Atwood Mobile Products, Inc., Third-Party Defendant. No. C8-02-1082.Minnesota Court of Appeals. Filed December 3, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be […]
HAFNER v. RITZINGER, 256 Minn. 196 (1959)
97 N.W.2d 839 PAUL R. HAFNER AND ANOTHER, COPARTNERS, v. JOHN B. RITZINGER AND ANOTHER. No. 37,726.Supreme Court of Minnesota. July 10, 1959. Fraud — fraudulent oral representations — parol evidence rule — applicability. 1. The parol evidence rule is inapplicable to exclude evidence of fraudulent oral representations by one party which induce another to […]
STATE v. KIAZOLU, A07-0487 (Minn.App. 5-27-2008)
State of Minnesota, Respondent, v. Varney J. Kiazolu, Appellant. No. A07-0487.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 […]
O’NEILL v. ILLINOIS FARMERS INS. CO., 381 N.W.2d 439 (Minn. 1986)
Ernest O’NEILL, Jr., et al., Respondents, v. ILLINOIS FARMERS INSURANCE COMPANY, Appellant. No. C8-85-1626.Supreme Court of Minnesota. February 14, 1986. Syllabus by the Court The statute of limitations on a cause of action to imply underinsured motorist coverage in an insurance policy and to recover benefits under the implied-in-law coverage begins to run on the […]
MINDA LAYETTE WASHINGTON v. STATE, A05-1044 (Minn. 8-15-2006)
Minda Layette Washington v. State. No. A05-1044.Supreme Court of Minnesota. August 15, 2006. Denied.
MATTER OF WELFARE OF R.T.B., 492 N.W.2d 1 (Minn.App. 1992)
In the Matter of the WELFARE OF R.T.B., Child. No. C0-92-828.Minnesota Court of Appeals. November 10, 1992. Appeal from the District Court, Brown County, Terri J. Stoneburner, J. Syllabus by the Court 1. The trial court did not err in terminating the parental rights of the father when the record provided clear and convincing evidence […]
MATTER OF WELFARE OF G. D. R., 291 N.W.2d 702 (Minn. 1980)
In the Matter of the WELFARE of G. D. R. No. 50121.Supreme Court of Minnesota. April 18, 1980. Appeal from the District Court, Hennepin County, Eugene Farrell, J. Syllabus by the Court Evidence of juvenile’s commission of criminal damage to drainage project on a particular day held legally insufficient to Page 703 establish that the […]
STATE v. HIPP, 292 Minn. 456 (1972)
194 N.W.2d 764 STATE v. LINDA M. HIPP AND OTHERS. No. 43042.Supreme Court of Minnesota. January 21, 1972. Criminal law — conviction of unlawful assembly — rights of indigent defendants to obtain effective review. Defendants appealed from a judgment of the Hennepin County Municipal Court, Richard J. Kantorowicz, Judge, whereby they were convicted of unlawful […]
STATE v. BOYNTON, 331 N.W.2d 926 (Minn. 1983)
STATE of Minnesota, Appellant, v. Scott Bradley BOYNTON, Respondent. No. C7-82-1053.Supreme Court of Minnesota. April 22, 1983. Syllabus by the Court District court was justified in staying imposition of sentence of criminal defendant. Page 927 Appeal from District Court, Olmsted County; O. Russell Olson, Judge. Hubert H. Humphrey III, Atty. Gen., St. Paul, DeWayne P. […]
MAHANKE v. COMMISSIONER OF PUBLIC SAFETY, 395 N.W.2d 437 (Minn.App. 1986)
Glenys Marilyn MAHANKE, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C1-86-831.Minnesota Court of Appeals. November 4, 1986. Appeal from the Municipal Court, Hennepin County, Robert A. Forsythe, J. Syllabus by the Court The failure of a driver to elect to submit to either a blood or urine test constitutes a refusal to submit […]
McGUIRE v. VIKING TOOL DIE CO., 258 Minn. 336 (1960)
104 N.W.2d 519 FRANK E. McGUIRE v. VIKING TOOL DIE COMPANY AND ANOTHER. STATE TREASURER, CUSTODIAN OF SPECIAL COMPENSATION FUND. No. 37,945.Supreme Court of Minnesota. July 1, 1960. Workmen’s compensation — proceedings — review — findings sustained. 1. If the testimony in the instant case is taken in the light most favorable to the employee, […]
TAUER v. STATE, 451 N.W.2d 649 (Minn.App. 1990)
Steven L. TAUER, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C3-89-1915.Minnesota Court of Appeals. February 13, 1990. Review Denied March 16, 1990. Appeal from the District Court for Brown County, Noah S. Rosenbloom, J. Syllabus by the Court Minn.R.Crim.P. 27.03, subd. 8 permits the trial court to correct appellant’s sentence when an oversight occurred […]
ABDULAHI v. SPECIAL ADMI. OF EST. OF MOHAMMED, A10-1043 (Minn. 10-19-2010)
Rana S. Abdulahi, a minor, by Semira Ahmed, as parent and natural guardian, et al. v. Special Administrator of the Estate of Selahadin Abdulahi Mohammed. No. A10-1043.Supreme Court of Minnesota. Filed October 19, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
GRAHAM v. STATE, A08-1062 (Minn. 10-20-2009)
Maurice Laverne Graham v. State. No. A08-1062.Supreme Court of Minnesota. Filed October 20, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
IZAAK WALTON LEAGUE OF AM. END., INC. v. STATE, DNR, 312 Minn. 587 (1977)
252 N.W.2d 852 IZAAK WALTON LEAGUE OF AMERICA ENDOWMENT, INC. v. STATE, DEPARTMENT OF NATURAL RESOURCES. No. 46878.Supreme Court of Minnesota. March 18, 1977. Appeal and error — lack of real controversy — appeal dismissed. Action in the Ramsey County District Court for specific performance of an alleged option agreement between plaintiff, Izaak Walton League […]
ELNASHAR v. DEPARTMENT OF EMPLOYMENT, A11-459 (Minn.App. 11-7-2011)
Abdel Elnashar, Relator, v. Department of Employment and Economic Development, Respondent. No. A11-459.Minnesota Court of Appeals. November 7, 2011. Appeal from the Department of Employment and Economic Development. RECENT ORDER OPINION MATTHEW E. JOHNSON, Chief Judge. Reversed and remanded. Page 1
STATE v. SMITH, C1-01-796 (Minn.App. 3-26-2002)
State of Minnesota, Respondent, vs. Nathaniel (NMN) Smith, Appellant. No. C1-01-796.Minnesota Court of Appeals. Filed March 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 (2000). Appeal from the District […]
CRITZER v. ANNIE’S RESTAURANTS LLC, A04-565 (Minn.App. 12-28-2004)
Pamela J. Critzer, Relator, v. Annie’s Restaurants LLC, Respondent. Commissioner of Employment and Economic Development, Respondent. No. A04-565.Minnesota Court of Appeals. Filed December 28, 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, […]
STATE v. AMAYA, C5-02-1122 (Minn.App. 6-3-2003)
State of Minnesota, Respondent, v. Amilica Carranza Amaya, Appellant. No. C5-02-1122.Minnesota Court of Appeals. Filed June 3, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]
STATE v. WIHERSKI, 481 N.W.2d 144 (Minn.App. 1992)
STATE of Minnesota, Appellant, v. Jacob Joseph WIHERSKI, Respondent. No. C0-91-1676.Minnesota Court of Appeals. February 18, 1992. Review Denied April 9, 1992. Appeal from the District Court, Anoka County, Lynn C. Olson, J. Syllabus by the Court A statutorily mandated destruction of files indicating that allegations of sexual abuse were unsubstantiated is not a destruction […]
OLSON v. STATE, A06-1360 (Minn.App. 8-14-2007)
Garrett Olson, petitioner, Appellant, v. State of Minnesota, Respondent. No. A06-1360.Minnesota Court of Appeals. August 14, 2007. Appeal from St. Louis County District Court, Hon. Gerald C. Martin. EDWARD TOUSAINT, Jr., Chief Judge. RECENT ORDER OPINIONS Affirmed.
STATE v. BORER-NELSON, A08-0976 (Minn.App. 7-14-2009)
State of Minnesota, Respondent, v. Philip Charles Borer-Nelson, Appellant. No. A08-0976.Minnesota Court of Appeals. Filed July 14, 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 […]
BUTLER v. BUTLER, 180 Minn. 134 (1930)
230 N.W. 575 PIERCE BUTLER AND OTHERS v. WALTER BUTLER AND OTHERS.[1] No. 27,552.Supreme Court of Minnesota. April 17, 1930. [1] Reported in 230 N.W. 575. Trustees’ action for approval of contract with testator’s widow. 1. Action by trustees of a testamentary trust for approval of a contract with the testator’s widow, whereby they procure […]
SCHEIBEL v. ILLINOIS FARMERS INS. CO., 631 N.W.2d 428 (Minn.App. 2001)
Daniel J. Scheibel, Respondent, vs. Illinois Farmers Insurance Company, an Illnois corporation, Appellant. No. CX-01-165Minnesota Court of Appeals. filed July 24, 2001. Appeal from the District Court, Sherburne County, Robert Danforth, J., File No. C498000010. Page 429 SYLLABUS A no-fault arbitrator’s findings are final and binding on the parties. Gary T. LaFleur, Babcock, Neilson, Mannella, […]
PRODGER v. ZELL, 261 Minn. 508 (1962)
113 N.W.2d 168 HOWARD PRODGER v. MATHEW ZELL, ALSO KNOWN AS MATT ZELL. No. 38,279.Supreme Court of Minnesota. January 26, 1962. Damages — adequacy — compromise verdict — when new trial not granted. 1. Where the only issue submitted to the jury was the amount of damages defendant was entitled to recover on a counterclaim, […]
STEVENS v. LUDEMAN, A07-1195 (Minn.App. 7-1-2008)
Brad Ronald Stevens, Appellant, v. Cal R. Ludeman, Commissioner of Human Services, Respondent. No. A07-1195.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). […]
LaFAVOR v. AMERICAN NATIONAL INS. CO., 279 Minn. 5 (1967)
155 N.W.2d 286 PHYLLIS LaFAVOR v. AMERICAN NATIONAL INSURANCE COMPANY. No. 40,592.Supreme Court of Minnesota. December 15, 1967. Insurance — application for insurance — delay in acting upon — effect. 1. Mere delay in passing upon an application for insurance cannot be construed as an acceptance thereof by the insurer which will support an action […]
CLEMENTS LUMBER, INC. v. DeMARTINI, A08-2077 (Minn.App. 8-4-2009)
Clements Lumber, Inc., Respondent, v. Rick DeMartini, a/k/a Rick D. Martini, Jr., d/b/a Entirely Seamless Gutters, Appellant, Rachel Fonss, et al., Defendants. No. A08-2077.Minnesota Court of Appeals. Filed August 4, 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 […]
STATE v. BUCHANAN, A09-1890 (Minn.App. 4-12-2011)
State of Minnesota, Respondent, v. Michael Thomas Buchanan, Appellant. No. A09-1890.Minnesota Court of Appeals. Filed April 12, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]
IN RE ESTATE OF MOKROS, 268 Minn. 438 (1964)
130 N.W.2d 121 IN RE ESTATE OF GERHARDT PAUL MOKROS. JEROME G. RAIDT, SPECIAL ADMINISTRATOR OF ESTATE OF LUISE MOKROS, AND ANOTHER v. UNITED STATES OF AMERICA. No. 39,188.Supreme Court of Minnesota. July 10, 1964. Descent and distribution — ownership of property inherited by enemy nationals — seizure under Federal statutes — effect. 1. Where […]
IN RE TRUST IN ESTATE OF EVERETT, 263 Minn. 398 (1962)
116 N.W.2d 601 IN RE TRUST PURSUANT TO DECREE IN ESTATE OF EDWARD A. EVERETT. REGENTS OF UNIVERSITY OF MINNESOTA AND OTHERS v. CANNON VALLEY GIRL SCOUTS, INC., AND OTHERS. BOY SCOUTS OF AMERICA, APPELLANT. No. 38,537.Supreme Court of Minnesota. August 17, 1962. Appeal and error — right of appeal — aggrieved party. To render […]
STATE v. BLACKORBAY, A06-2312 (Minn.App. 2-26-2008)
State of Minnesota, Respondent, v. James Blackorbay, Appellant. No. A06-2312.Minnesota Court of Appeals. Filed: 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 District Court, […]
STATE v. ZIGAN, A04-1375 (Minn.App. 4-5-2005)
State of Minnesota, Appellant, v. Roxanne Marie Zigan, Respondent. No. A04-1375.Minnesota Court of Appeals. Filed April 5, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the Dakota […]
IN MATTER OF THE WELFARE OF R.R.F., C7-97-2269 (Minn.App. 6-9-1998)
In the Matter of the Welfare of: R.R.F., II and K.O.F., Children. No. C7-97-2269.Minnesota Court of Appeals. Filed June 9, 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 […]
IN THE MATTER OF PETITION OF N. ST. POWER, 676 N.W.2d 326 (Minn.App. 2004)
In the Matter of the Petition of Northern States Power Company for Review of its 1999 All source Request for Proposals. No. A03-836.Minnesota Court of Appeals. Filed: March 30, 2004. Appeal from the Minnesota Public Utilities Commission File No. E-002/M-99-888. Page 327 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
KAVANAGH v. THE GOLDEN RULE, 226 Minn. 510 (1948)
33 N.W.2d 697 JANE KAVANAGH v. THE GOLDEN RULE.[1] No. 34,627.Supreme Court of Minnesota. July 9, 1948. [1] Reported in 33 N.W.2d 697. Evidence — parol modification of written agreement — degree of proof required. Under facts in this case, trial court’s action in granting defendant judgment notwithstanding the verdict should not be reversed, since […]
YELLOW TAXI CO. OF MINNEAPOLIS v. MacMILLAN, 284 Minn. 531 (1969)
169 N.W.2d 8 YELLOW TAXI COMPANY OF MINNEAPOLIS v. TOM MacMILLAN AND ANOTHER. No. 41542.Supreme Court of Minnesota. June 13, 1969. Automobiles — negligence of driver — loss of control of car on freeway. Action in the Hennepin County Municipal Court brought to recover for damage to plaintiff’s automobile allegedly caused by the negligence of […]
KUNZA v. PANTZE, 531 N.W.2d 839 (Minn. 1995)
Charlene KUNZA, f/k/a Charlene Pantze, Appellant, v. Curtis PANTZE, Deltauer, Inc., d/b/a The King of Clubs Bar, Respondents. No. C3-94-1802.Supreme Court of Minnesota. May 16, 1995. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Deltauer, Inc., d/b/a The King of Clubs Bar for further review […]
IN RE DISCIPLINARY, 752 N.W.2d 523 (Minn. 2008)
In re Petition for DISCIPLINARY ACTION AGAINST Nuro Bedhaso DEDEFO, a Minnesota Attorney, Registration No. 309989. No. A07-573.Supreme Court of Minnesota. July 17, 2008. Page 524 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 525 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
TROMBLEY v. COM’R OF PUBLIC SAFETY, 375 N.W.2d 97 (Minn.App. 1985)
Gregory John TROMBLEY, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C7-85-807.Minnesota Court of Appeals. October 22, 1985. Appeal from the Municipal Court, Ramsey County, Margaret M. Marrinan, J. Syllabus by the Court Where there is conflicting testimony and several possible bases for rescinding the revocation of respondent’s driving privileges, the trial court must […]
STATE v. FORD, C5-98-935 (Minn.App. 3-23-1999)
State of Minnesota, Respondent, v. Justine Emile Ford, Appellant. No. C5-98-935.Minnesota Court of Appeals. Filed March 23, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
STATE v. BERRY, 298 Minn. 181 (1974)
214 N.W.2d 232 STATE v. ALLEN BERRY. No. 44346.Supreme Court of Minnesota. January 4, 1974. Criminal law — self-incrimination by testimony before grand jury — dismissing of indictment. Where defendant, pursuant to subpoena, testified before the grand jury in the mistaken belief that he could not be indicted unless he signed a written waiver of […]
DAY v. ZENITH PAPER STOCK and RAG CO., 270 Minn. 420 (1965)
134 N.W.2d 4 FRED DAY v. ZENITH PAPER STOCK AND RAG COMPANY AND ANOTHER. No. 39,447.Supreme Court of Minnesota. March 12, 1965. Workmen’s compensation — proceedings — review — finding of permanent total disability. 1. Evidence considered and held adequate to support finding of Industrial Commission that employee was permanently totally disabled as result of […]
STATE EX REL. DAVENPORT v. BROWN, 162 Minn. 520 (1925)
203 N.W. 286 STATE EX REL. JOHN B. DAVENPORT v. EARLE BROWN.[1] No. 24,799.Supreme Court of Minnesota. April 9, 1925. [1] Reported in 203 N.W. 226. Fugitive from justice — case followed. In re appeal of Sanders, 154 Minn. 41, followed and applied. *Headnote 1. See Habeas Corpus, 29 C.J. p. 78, § 63. Headnote […]
JOHNSON v. JOHNSON-REILAND CONSTR., INC., C7-99-1451 (Minn.App. 5-2-2000)
Jane Ann Johnson, Appellant, vs. Johnson-Reiland Construction, Inc., Respondent. No. C7-99-1451.Minnesota Court of Appeals. Filed May 2, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998) Appeal from the District […]
JACKSON v. STATE, A10-1719 (Minn. 6-28-2011)
Robert Quarry Jackson v. State. No. A10-1719.Supreme Court of Minnesota. Filed June 28, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE DISCIPLINARY ACTION AGAINST RUDEEN, 554 N.W.2d 617 (Minn. 1996)
In re Petition for DISCIPLINARY ACTION AGAINST H. Kent RUDEEN, an Attorney at Law of the State of Minnesota. No. C3-90-1404.Supreme Court of Minnesota. October 24, 1996. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for revocation of probation and further disciplinary action for respondent H. Kent Rudeen […]
STATE v. GAKIN, 303 Minn. 554 (1975)
227 N.W.2d 387 STATE v. RICHARD STANLEY GAKIN. No. 44652.Supreme Court of Minnesota. March 14, 1975. Criminal law — robbery conviction — sufficiency of evidence. Appeal by Richard Stanley Gakin from a judgment of the Ramsey County District Court, Ronald E. Hachey, Judge, whereby he was convicted of aggravated robbery. Affirmed. Page 555 C. Paul […]
STATE v. BURRELL, 697 N.W.2d 579 (Minn. 2005)
STATE of Minnesota, Respondent, v. Myon Demarlo BURRELL, Appellant. No. A03-1293.Supreme Court of Minnesota. May 19, 2005. Rehearing Denied June 20, 2005. Appeal from the Hennepin County District Court, Steven A. Pihlaja, J. Page 580 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
WINNETKA PARTNERS LTD. v. CTY. OF HENNEPIN, 538 N.W.2d 912 (Minn. 1995)
WINNETKA PARTNERS LIMITED PARTNERSHIP, Relator, v. COUNTY OF HENNEPIN, et. al., Respondents. No. C0-94-2275.Supreme Court of Minnesota. November 3, 1995. Page 913 Syllabus by the Court 1. Under Minn.Stat. § 469.177, subd. 8 (1992), an addendum to a minimum assessment agreement cannot be made effective retroactively to a time when a minimum assessment agreement was […]
UNITED ARTISTS COM. v. CORPORATE PROP., 410 N.W.2d 39 (Minn.App. 1987)
UNITED ARTISTS COMMUNICATIONS, INC., Appellant, v. CORPORATE PROPERTY INVESTORS, et al., Respondents. No. C4-87-302.Minnesota Court of Appeals. August 4, 1987. Appeal from the District Court of Ramsey County, Hyam Segell, J. Page 40 Syllabus by the Court Under the doctrine of merger, a prior oral agreement is integrated into the subsequent written agreement. The parol […]
STATE v. LARSON, 447 N.W.2d 593 (Minn.App. 1989)
STATE of Minnesota, Respondent, v. Bruce Phillip LARSON, Appellant. No. C2-88-2379.Minnesota Court of Appeals. October 24, 1989. Review Granted December 12, 1989. Appeal from the District Court, Martin County, Harvey A. Holtan, J. Page 594 Syllabus by the Court 1. While objections were not made at trial, they were made at the omnibus hearings; therefore, […]
TOLLEFSON v. AMERICAN FAMILY INS. CO., 302 Minn. 1 (1974)
226 N.W.2d 280 PATRICIA RUTH TOLLEFSON v. AMERICAN FAMILY INSURANCE COMPANY. FEDERATED MUTUAL INSURANCE COMPANY v. PATRICIA TOLLEFSON AND OTHERS. AMERICAN FAMILY INSURANCE COMPANY, APPELLANT. No. 44251.Supreme Court of Minnesota. November 1, 1974. Insurance — automobile liability policy — claimed waiver of exclusion — claimed estoppel to deny coverage. Two declaratory judgment actions in the […]
CORWIN v. CORWIN, 366 N.W.2d 321 (Minn.App. 1985)
In re the Marriage of Thomas J. CORWIN, petitioner, Respondent, v. Laurel J. CORWIN, Appellant. Nos. C9-84-1317, C8-84-1986.Minnesota Court of Appeals. April 16, 1985. Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Page 322 Syllabus by the Court 1. Child abuse is a basis for changing custody to the non-abusing parent. […]
BENNETT v. COMMI. OF HUMAN SERVICES, A09-442 (Minn.App. 1-5-2010)
Richard Andrew Bennett, Relator, v. Commissioner of Human Services, Respondent. No. A09-442.Minnesota Court of Appeals. Filed January 5, 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 […]
McCLAIN v. BEGLEY, 465 N.W.2d 680 (Minn. 1991)
Claudia McCLAIN, as Trustee for the heirs and next of kin of Michelle Elizabeth McClain, decedent, petitioner, Appellant, v. Bridget J. BEGLEY, petitioner, Appellant, Christine S. Meyers, Defendant, Altra Auto Rental, Inc., a division of Agency Rent-A-Car, Inc., Respondent. and ALTRA AUTO RENTAL, INC., A DIVISION OF AGENCY RENT-A-CAR, INC., Respondent, v. FIREMEN’S FUND INSURANCE […]