In the Matter of the WELFARE OF D.D.K., Child. Nos. C9-85-372, C4-85-389.Minnesota Court of Appeals. November 12, 1985. Appeal from the District Court, Anoka County, James T. Knutson, J. Page 718 Syllabus by the Court 1. Evidence that mother failed to follow written case plan providing for individual counseling and parenting classes, discontinued visitation, and […]
Category: Minnesota Court Opinions
NEAL v. STATE, A07-1970 (Minn. 8-5-2008)
Wendell Dwayne O’Neal v. State. No. A07-1970.Supreme Court of Minnesota. Filed August 5, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
PETROVIC v. RIDGEVIEW COUNTRY CLUB, C6-01-1474 (Minn.App. 4-24-2002)
LeeAnn Petrovic, Appellant, vs. Ridgeview Country Club, a Minnesota non-profit corporation, Respondent. No. C6-01-1474.Minnesota Court of Appeals. Filed April 24, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
BOLANOS v. 1992 ACURA, A05-172 (Minn.App. 9-13-2005)
Juan Jose Bolanos, Respondent, v. 1992 Acura, License Plate No. MN 248 NNZ, VIN JH4K7677NC025128, Appellant. No. A05-172.Minnesota Court of Appeals. Filed September 13, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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, […]
IN RE CONSERVATORSHIP OF KLAWITTER, A03-527 (Minn.App. 1-13-2004)
In re Conservatorship of Evalyn K. Klawitter. No. A03-527.Minnesota Court of Appeals. Filed January 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District Court, Blue […]
STATE v. DARROW, 287 Minn. 230 (1970)
178 N.W.2d 778 STATE v. KEITH LEE DARROW. No. 41631.Supreme Court of Minnesota. May 29, 1970. Evidence — admissibility — experiments performed in or out of presence of jury. 1. In criminal proceedings, as in civil proceedings, the performance of experiments in the presence of the jury or the admission of evidence of experiments performed […]
SCHWARTZ v. EDINA COURIERS LLC, A10-2 (Minn.App. 9-7-2010)
Mark Schwartz, Relator, v. Edina Couriers LLC, Respondent, Department of Employment and Economic Development, Respondent. No. A10-2.Minnesota Court of Appeals. Filed September 7, 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. […]
CARR v. W. T. GRANT CO., 188 Minn. 216 (1933)
246 N.W. 743 PATRICK CARR v. W. T. GRANT COMPANY.[1] No. 29,335.Supreme Court of Minnesota. February 10, 1933. [1] Reported in 246 N.W. 743. Appeal and error — assignments of error — rulings on evidence. Same — motion for new trial — necessity of stating grounds. 1. Assignments of error upon rulings excluding or admitting […]
STATE v. NUNN, 411 N.W.2d 214 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. John Peter NUNN, Appellant. No. C6-87-964.Minnesota Court of Appeals. August 25, 1987. Appeal from the District Court, Hennepin County, Robert H. Schumacher, J. Page 215 Syllabus by the Court It is not reversible error for the trial court to resentence appellant to a 60-month consecutive sentence for a second-degree assault […]
STATE v. AHMED, A05-1145 (Minn.App. 9-19-2006)
State of Minnesota, Respondent, v. Abubaker Eldaw Ahmed, Appellant. No. A05-1145.Minnesota Court of Appeals. Filed September 19, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
BILAL v. NORTHWEST AIRLINES, INC., 537 N.W.2d 614 (Minn. 1995)
Rasheed Ibn BILAL, et al., Respondents, v. NORTHWEST AIRLINES, INC., et al., petitioners, Appellants. No. C4-94-416.Supreme Court of Minnesota. September 22, 1995. Appeal from the Court of Appeals, Parker, J. Page 615 Syllabus by the Court Airline employee’s statement that a Muslim plaintiff who attended a mosque should dress as if she were going to […]
STRUCKMEYER v. LAMB, 64 Minn. 57 (1896)
WILLIAM STRUCKMEYER v. W. L. LAMB.[1] Nos. 9835-(294).Supreme Court of Minnesota. January 31, 1896. [1] Reported in 65 N.W. 930. Parties-Trustee of Express Trust. L., being the owner of certain notes and chattel mortgages executed by J., assigned them, in absolute terms, to. S., for the purpose of enabling him, by action thereon, to compel […]
TUCKER v. TUCKER, 368 N.W.2d 335 (Minn.App. 1985)
In re the Marriage of Karen L. TUCKER, petitioner, Appellant, v. James H. TUCKER, Respondent. No. CX-85-171.Minnesota Court of Appeals. May 28, 1985. Review Denied August 20, 1985. Appeal from the District Court, Ramsey County, Charles A. Flinn, J. Page 336 Syllabus by the Court 1. The trial court erred in finding an oral prenuptial […]
STATE v. MUNN, A07-1914 (Minn.App. 11-25-2008)
State of Minnesota, Respondent, v. Jacquet Deon Munn, Appellant. No. A07-1914.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 (2006). Appeal from the Hennepin […]
STRANGE v. 1997 JEEP CHEROKEE, 597 N.W.2d 355 (Minn.App. 1999)
Barbara Strange, Appellant, v. 1997 Jeep Cherokee, New Mexico Lic. #630-KLD, VIN #1J4FJ2881VL502086, Respondent. No. C0-99-89.Minnesota Court of Appeals. Filed July 27, 1999. Appeal from Olmsted County District Court, Ancy L. Morse, J., File No. C7-98-2188. Page 356 Syllabus In administrative forfeiture proceedings, jurisdiction attaches in the district court when the owner of seized property […]
WILLETT v. WEERTS, A10-1166 (Minn.App. 4-5-2011)
Steve Willett, Appellant, v. Robert Donavon Weerts, et al., Respondents. No. A10-1166.Minnesota Court of Appeals. April 5, 2011. Appeal from the District Court, Faribault County, Hon. Douglas L. Richards. WILHELMINA M. WRIGHT, Judge. RECENT ORDER OPINIONS Affirmed.
HOPPER v. RECH, 375 N.W.2d 538 (Minn.App. 1985)
H. Richard HOPPER as Special Administrator of the Estate of Albert Darsow, Respondent, v. Hazel RECH, Appellant. No. C8-85-623.Minnesota Court of Appeals. October 15, 1985. Review Denied December 30, 1985. Appeal from the District Court, Dakota County, Jack A. Mitchell, J. Page 539 Syllabus by the Court 1. Unless they are clearly erroneous, we cannot […]
STATE v. BOWMAN, C7-98-1892 (Minn.App. 3-23-1999)
State of Minnesota, Respondent, v. Jerome R. Bowman, Appellant. No. C7-98-1892.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 EX REL. GREST v. TAHASH, 261 Minn. 282 (1961)
112 N.W.2d 54 STATE EX REL. THEODORE R. GREST v. R. H. TAHASH. No. 38,369.Supreme Court of Minnesota. November 24, 1961. Criminal law — plea of guilty — effect. 1. By pleading guilty to the informations filed against him, relator has admitted all essential elements of the charge contained in each information. Same — right […]
STATE v. DOYAL, A04-692 (Minn.App. 11-16-2004)
State of Minnesota, Appellant, v. Henry Lee Doyal, Jr., Respondent. No. A04-692.Minnesota Court of Appeals. Filed November 16, 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 […]
COSTELLO v. JOHNSON, 265 Minn. 204 (1963)
121 N.W.2d 70 GEORGE T. COSTELLO AND ANOTHER v. ROBERT W. JOHNSON AND ANOTHER. No. 38,715.Supreme Court of Minnesota. April 5, 1963. Contracts — breach — duty of injured party. 1. Upon a breach of contract the injured party must use reasonable diligence to minimize his damages. Damages — contract for sale of real estate […]
IN RE MARRIAGE OF DENSMORE, A09-1997 (Minn.App. 12-14-2010)
In re the Marriage of: Melissa Lee Palmer Densmore, petitioner, Respondent, v. Robert Michael Densmore, Appellant. No. A09-1997.Minnesota Court of Appeals. Filed December 14, 2010. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. […]
ZAGAR v. ZAGAR, 396 N.W.2d 98 (Minn.App. 1968)
In re the Marriage of Helen G. ZAGAR, Petitioner, Appellant, v. Anthony J. ZAGAR, Respondent. No. C9-86-687.Minnesota Court of Appeals. November 18, 1986. Appeal from the District Court, Hennepin County, Robert A. Forsyth, J. Page 99 Syllabus by the Court 1. Absent a clear abuse of its discretion, we must affirm a trial court decision […]
KRUEGER v. STATE DEPT. OF HIGHWAYS, 280 Minn. 223 (1968)
158 N.W.2d 705 ALYCE A. KRUEGER v. STATE DEPARTMENT OF HIGHWAYS. No. 40,629.Supreme Court of Minnesota. May 3, 1968. Limitation of actions — settlement of action for death of employee — recovery of proportionate share of attorney’s fees from employer — applicable statute of limitations. The right of an employee’s widow to recover from his […]
STATE v. FERGUSON, 441 N.W.2d 508 (Minn.App. 1989)
STATE of Minnesota, Appellant, v. Glenn Paul FERGUSON, Respondent. No. C1-89-486.Minnesota Court of Appeals. June 6, 1989. Review Denied July 12, 1989. Appeal from the District Court, Winona County, S.A. Sawyer, J. Syllabus by the Court The trial court abused its discretion in its downward departure from the sentencing guidelines. Hubert H. Humphrey, III, Atty. […]
STATE v. MURO-MARTINEZ, C5-97-584 (Minn.App. 6-24-1997)
STATE OF MINNESOTA, Respondent, v. MANUEL ENRIQUE MURO-MARTINEZ, Appellant. No. C5-97-584.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. 3 (1996). Appeal from the District […]
IN RE WELFARE OF S.J.J., 755 N.W.2d 316 (Minn.App. 2008)
In the Matter of the WELFARE OF S.J.J. No. A08-0639.Minnesota Court of Appeals. September 2, 2008. Appeal from the District Court, Hennepin County, Pamela G. Alexander, J. Page 317 Syllabus by the Court There is no fleeting-possession defense to the crime of illegal possession of a firearm in Minn.Stat. § 624.713 (2006). Lawrence Hammerling, Chief […]
STATE v. PADILLA, C7-98-1813 (Minn.App. 1-26-1999)
State of Minnesota, Respondent, v. Jose Angel Padilla a/k/a Jose Angel Gonzalez, Appellant. No. C7-98-1813.Minnesota Court of Appeals. Filed January 26, 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 (1996). […]
McNULTY CONSTRUCTION CO. v. CITY OF DEEPHAVEN, A05-1648 (Minn. 9-19-2006)
McNulty Construction Company v. The City of Deephaven. No. A05-1648.Supreme Court of Minnesota. September 19, 2006 Denied.
MEILS BY MEILS v. NORTHWESTERN BELL, 355 N.W.2d 710 (Minn. 1984)
Howard J. MEILS, deceased employee, by Marilyn MEILS, petitioner, Relator, v. NORTHWESTERN BELL TELEPHONE COMPANY, Self-Insured, Respondent. No. C4-83-1022.Supreme Court of Minnesota. October 12, 1984. Page 711 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 712 Syllabus by the Court 1. Death […]
STATE v. SOWARD, 248 Minn. 516 (1957)
80 N.W.2d 449 STATE v. ROY G. SOWARD. No. 37, 035.Supreme Court of Minnesota. January 18, 1957. Criminal law — review — necessity of printed record. Inasmuch as no printed record has been submitted to this court for review in the above-entitled matter, this court has no alternative but to grant the state’s motion to […]
DO v. AMERICAN FAMILY MUT., 752 N.W.2d 109 (Minn.App. 2008)
Dean DO, Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Respondent. No. A07-1461.Minnesota Court of Appeals. July 8, 2008. Appeal from the District Court, Dakota County, David L. Knutson, J. Page 110 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 111 Syllabus by […]
IN RE ESTATE OF TOURVILLE, 366 N.W.2d 380 (Minn.App. 1985)
In re the ESTATE OF George A. TOURVILLE, Deceased. No. C7-84-2143.Minnesota Court of Appeals. April 23, 1985. Review Denied June 27, 1985. Appeal from the County Court, Carlton County, Probate Division, Arthur M. Albertson, J. Syllabus by the Court Summary judgment was proper when the nonmoving party failed to present sufficient evidence of undue influence […]
STATE v. GAMBINO, A03-1748 (Minn. 7-19-2006)
State v. Michael Gambino and Michael Toby Gambino v. State. No. A03-1748 and A04-1948.Supreme Court of Minnesota. July 19, 2006. Stay Vacated/Remanded.
IN RE DISCIPLINARY ACTION AGAINST HARP, 549 N.W.2d 626 (Minn. 1996)
In re Petition for DISCIPLINARY ACTION AGAINST Reynaud L. HARP, an Attorney at Law of the State of Minnesota. No. C4-93-2415.Supreme Court of Minnesota. July 3, 1996. ORDER WHEREAS, by order dated October 14, 1994, this court placed respondent on 4 years’ supervised probation for failing to file state and federal income tax returns, for […]
FIRST STATE BK. OF ODESSA v. FIRST ST. BK. OF CORRELL, 172 Minn. 223 (1927)
214 N.W. 781 FIRST STATE BANK OF ODESSA v. FIRST STATE BANK OF CORRELL.[1] No. 26,179.Supreme Court of Minnesota. July 15, 1927. [1] Reported in 214 N.W. 781. Finding sustained by evidence. 1. The evidence sustains the finding of the trial court that there was a valid agreement between the plaintiff bank and the defendant […]
IN MATTER OF THE CIVIL COMMITMENT OF WARBINGTON, A08-1058 (Minn. 5-19-2009)
In the Matter of the Civil Commitment of: James Ellis Warbington. No. A08-1058.Supreme Court of Minnesota. Filed May 19, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
FIEDLER v. CITY OF OSAKIS, A06-838 (Minn.App. 4-3-2007)
John F. Fiedler, by Faith Sohns, his daughter and attorney-in-fact, Appellant, v. City of Osakis, et al., Respondents. No. A06-838.Minnesota Court of Appeals. Filed: April 3, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the District Court, Douglas County, File No. C8-04-1235. James A. Lavoie, Benjamin A. Lavoie, […]
IN RE MARRIAGE OF VALLEZ, C0-02-2050 (Minn.App. 4-22-2003)
In re the Marriage of: Nancy Campbell Vallez, petitioner, Respondent, v. Michael James Vallez, Appellant, and County of Dakota, intervenor, Respondent. No. C0-02-2050.Minnesota Court of Appeals. Filed: April 22, 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 […]
SCHULTZ v. STATE, C1-98-267 (Minn.App. 8-18-1998)
MICHAEL RONNIE-ALAN SCHULTZ, Appellant, v. STATE OF MINNESOTA, Respondent, 1995 DODGE RAM PICK-UP, WHITE, MN LICENSE 348MGP, VIN NO. 1B7HF16Y7SS293746, Defendant. No. C1-98-267.Minnesota Court of Appeals. Filed August 18, 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 […]
ANDERSON v. STATE, A07-567 (Minn.App. 5-22-2007)
Randolph Seth Anderson, Petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-567.Minnesota Court of Appeals. May 22, 2007. Appeal from District Court, Hennepin County, Hon. Pamele G. Alexander. Chief Judge Edward Toussaint, Jr. Reversed and remanded.
LAABS v. FARMERS STATE BANK, 174 Minn. 261 (1928)
219 N.W. 93 AUGUSTA LAABS AND ANOTHER v. FARMERS STATE BANK OF LE SUEUR.[1] No. 26,540.Supreme Court of Minnesota. April 13, 1928. [1] Reported in 219 N.W. 93. Notes in suit were not signed for accommodation of defendant bank and plaintiffs had sufficient consideration. 1. Upon the record presented, it is held that the notes […]
IN RE DISCIPLINARY ACTION AGAINST MACK, 476 N.W.2d 893 (Minn. 1991)
In re the Petition for DISCIPLINARY ACTION AGAINST John E. MACK, an Attorney at Law of the State of Minnesota. No. CX-90-2713.Supreme Court of Minnesota. October 23, 1991. ORDER The Director of the Lawyers Professional Responsibility Board filed a petition with this Court alleging that the respondent John E. Mack has committed professional misconduct warranting […]
IN RE ESTATE OF MYHRE, 442 N.W.2d 356 (Minn.App. 1989)
In re the Estate Edna A. MYHRE, Deceased. No. C8-88-2595.Minnesota Court of Appeals. July 3, 1989. Appeal from the District Court, Carlton County, Dale A. Wolf, J. Page 357 Syllabus by the Court The time for filing a claim by a county for medical assistance benefits is governed by the three year period on presenting […]
GILBERTSON v. DEPT. OF EMPLOYMENT ECON. DEV., A04-2309 (Minn. 10-26-2005)
Reggie D. Gilbertson v. Department of Employment and Economic Development. No. A04-2309.Supreme Court of Minnesota. Filed October 26, 2005. Order on petition for further review Denied.
STATE v. DAVIS, A08-2268 (Minn.App. 1-12-2010)
State of Minnesota, Respondent, v. Andrew Terrell Davis, Jr., Appellant. No. A08-2268.Minnesota Court of Appeals. Filed January 12, 2010. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal […]
STATE v. COMPASSIONATE HOME CARE, INC., A03-209 (Minn.App. 4-13-2004)
State of Minnesota, Respondent, v. Compassionate Home Care, Inc., Appellant. No. A03-209.Minnesota Court of Appeals. Filed April 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]
HOLLERMAN v. F. H. PEAVEY CO., 269 Minn. 221 (1964)
130 N.W.2d 534 NORBERT HOLLERMAN AND ANOTHER v. F. H. PEAVEY COMPANY AND OTHERS. No. 39,210.Supreme Court of Minnesota. August 28, 1964. Fraud — liability for false representation — essentials. 1. A person is liable for fraud if he makes a false representation of a past or existing material fact susceptible of knowledge, knowing it […]
JUSTER BROS. INC. v. CHRISTGAU, 214 Minn. 108 (1943)
7 N.W.2d 501 JUSTER BROS. INC. v. VICTOR CHRISTGAU, DIRECTOR OF DIVISION OF EMPLOYMENT AND SECURITY.[1] No. 33,242.Supreme Court of Minnesota. January 2, 1943. [1] Reported in 7 N.W.2d 501. Constitution — power of courts — review of administrative action. 1. Courts of law may review administrative action of an executive or administrative officer or […]
KINSTLER v. ST. PETER FOOD CO-OPERATIVE, A09-1788 (Minn.App. 7-20-2010)
Matthew Kinstler, Relator, v. St. Peter Food Co-operative Inc., Department of Employment and Economic Development, Respondent. No. A09-1788.Minnesota Court of Appeals. Filed July 20, 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, […]
WHOLESALE INSULATION SUPPLY CO. v. LARSON, C2-00-1302 (Minn.App. 2-6-2001)
Wholesale Insulation Supply Co., Respondent, vs. Gretchen A. Larson, Appellant. No. C2-00-1302.Minnesota Court of Appeals. Filed February 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, subd. 3 (2000). Appeal from the […]
IN RE MARRIAGE OF HUGHES v. HUGHES, CX-02-113 (Minn.App. 7-16-2002)
In re the marriage of: Susan Kathleen Hughes, petitioner, Respondent, v. Thomas Patrick Hughes, Appellant. No. CX-02-113.Minnesota Court of Appeals. Filed July 16, 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. […]
PAETZEL v. CLIFT, 234 Minn. 498 (1951)
48 N.W.2d 731 HENRY O. PAETZEL v. JOHN R. CLIFT. C. H. HARTUPEE v. SAME.[1] Nos. 35,400, 35,401.Supreme Court of Minnesota. July 13, 1951. [1] Reported in 48 N.W.2d 731. School and school district — special election of district — revocation of prior proceedings — power of electors and effect of revocation. 1. The electors […]
IN RE MARRIAGE OF TOURNIER v. TOURNIER, C0-01-2135 (Minn.App. 9-3-2002)
In re the Marriage of: Gary A. Tournier, petitioner, Appellant, v. Ruth Ann Tournier, Respondent. No. C0-01-2135.Minnesota Court of Appeals. Filed September 3, 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. […]
STATE v. DAY, A05-567 (Minn. 8-15-2006)
State v. Terry Shelton Day. No. A05-567.Supreme Court of Minnesota. August 15, 2006. Denied.
WEST BEND MUT. INS. v. MIL. MUT. INS. CO., 384 N.W.2d 877 (Minn. 1986)
WEST BEND MUTUAL INSURANCE COMPANY, petitioner, Appellant, v. MILWAUKEE MUTUAL INSURANCE COMPANY, Louis Hager, et al., Thomas Graham, et al., The City of Elysian, Mark Neste, d.b.a. Neste Ambulance Service, Immanuel-St. Joseph’s Hospital of Mankato, Inc., Respondents. No. C0-85-177, C3-85-500.Supreme Court of Minnesota. April 11, 1986. Syllabus by the Court A vehicle is not being […]
STRAND v. BOEHLAND, 203 Minn. 9 (1938)
279 N.W. 746 ROBERT STRAND v. ARTHUR BOEHLAND.[1] No. 31,637.Supreme Court of Minnesota. May 20, 1938. [1] Reported in 279 N.W. 746. Judgment — notwithstanding verdict. 1. Whether plaintiff is entitled to judgment as a matter of law will not be considered by this court where there was no motion for a directed verdict or […]
HALL v. CITY OF CHAMPLIN, 450 N.W.2d 613 (Minn.App. 1990)
In the Matter of Jeffrey P. HALL, Respondent, v. CITY OF CHAMPLIN, Relator. No. C2-89-1355.Minnesota Court of Appeals. January 23, 1990. Review Granted March 22, 1990. Page 614 Syllabus by the Court Minnesota’s Veterans Preference Act applies to governmental units in the state which have adopted a personnel ordinance system of hiring. Jeffrey P. Hall, […]
STATE v. HAYES, 244 Minn. 296 (1955)
70 N.W.2d 110 STATE v. JACK HAYES.[1] No. 36,464.Supreme Court of Minnesota. April 7, 1955. [1] Reported in 70 N.W.2d 110. Criminal law — statutory offense — definiteness — due process. 1. To satisfy the due process clauses of the state and federal constitutions, a statutory offense must be declared in words of determinative significance […]
BURKS v. ST. PAUL PUBLIC HOUSING AGENCY, A05-2215 (Minn.App. 5-30-2006)
Robert Burks, Relator, v. St. Paul Public Housing Agency, Respondent. No. A05-2215.Minnesota Court of Appeals. May 30, 2006. St. Paul Public Housing Agency. RECENT ORDER OPINION Judge JAMES C. HARTEN. Reversed and remanded.
STATE v. HAYES, 428 N.W.2d 871 (Minn.App. 1988)
STATE of Minnesota, Respondent, v. Norman Dean HAYES, Appellant. No. C6-88-120.Minnesota Court of Appeals. September 13, 1988. Review Granted October 26, 1988. Appeal from the District Court, Crow Wing County, John A. Spellacy. Page 872 Syllabus by the Court 1. Considering the instruction as a whole, the trial court did not err in instructing the […]
CANNON v. MINNEAPOLIS POLICE DEPT., 783 N.W.2d 182 (Minn.App. 2010)
James F. CANNON, Respondent, v. MINNEAPOLIS POLICE DEPARTMENT, Relator, City of Minneapolis, Commission on Civil Rights, Respondent. No. A09-1154.Minnesota Court of Appeals. June 1, 2010. Page 183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 184 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]
STATE v. SPANN, A05-2372 (Minn.App. 4-3-2007)
State of Minnesota, Respondent, v. Michael Antwan Spann, Appellant. No. A05-2372.Minnesota Court of Appeals. Filed: April 3, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Appeal from the District Court, Ramsey County, File No. K9-05-001506. Lori Swanson, Attorney General, and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County […]
IN RE MARRIAGE OF OELTJEN, C2-99-823 (Minn.App. 11-9-1999)
In Re the Marriage of: Michele D. Oeltjen, petitioner, Appellant, v. Steven A. Oeltjen, Respondent. No. C2-99-823.Minnesota Court of Appeals. Filed November 9, 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. […]
DWYER v. SPRING LAKE TOWNSHIP, C0-01-370 (Minn.App. 11-20-2001)
C2-01-371 Betty Dwyer, Appellant (C0-01-370), Paul and Barb Smith, Appellants (C2-01-371), v. Spring Lake Township, Respondent. No. C0-01-370.Minnesota Court of Appeals. Filed November 20, 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, […]
IN THE MATTER CLAIM FOR BENEFITS, HARTFIEL, A08-235 (Minn.App. 12-9-2008)
In the Matter of the Claim for Benefits by Laura Anne Hartfiel. No. A08-235.Minnesota Court of Appeals. December 9, 2008. Appeal from Minnesota Public Safety Officers Benefit Eligibility Panel. RECENT ORDER OPINIONS RENEE L. WORKE, Judge. Reversed. Page 1
STATE v. HUSIC, C5-02-1721 (Minn.App. 4-1-2003)
State v. Samir Husic. No. C5-02-1721.Minnesota Court of Appeals. Filed: April 1, 2003. Appeal from Clay County, Hon. Kathleen A. Weir Minge, J. Affirmed
SIGNATURE BANK v. MARSHALL BANK, A05-2337 (Minn.App. 10-10-2006)
Signature Bank, Appellant, v. Marshall Bank, Respondent. Nos. A05-2337, A05-2556.Minnesota Court of Appeals. Filed October 10, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District Court, […]
IN RE CUSTODY OF N.A.K. v. KNAUFF, C3-01-170 (Minn.App. 12-11-2001)
In the matter of the Custody of: N.A.K., DOB 4/10/92 Christopher Rodgers, et al., petitioners, Respondents, v. Robert J. Knauff, Appellant. No. C3-01-170, C6-01-678Minnesota Court of Appeals. Filed December 11, 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 […]
STATE v. AILPORT, 413 N.W.2d 140 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Dale Edward AILPORT, Appellant. No. C5-87-454.Minnesota Court of Appeals. September 29, 1987. Review Denied November 18, 1987. Appeal from the District Court, Dakota County, George H. Hoey, J. Syllabus by the Court The trial court did not err by failing to suppress the evidence found in and on the car […]
DEVALK v. HEALTH PARTNERS, A11-377 (Minn.App. 10-24-2011)
Mary DeValk, Relator, v. Health Partners, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A11-377.Minnesota Court of Appeals. Filed October 24, 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. […]
STATE v. BOMAN, A09-0061 (Minn.App. 7-7-2009)
State of Minnesota, Appellant, v. Thomas Lee Boman, Respondent. No. A09-0061.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 […]
STATE v. TSCHIDA, A04-1950 (Minn.App. 7-5-2005)
State of Minnesota, Respondent, v. Ronald Joseph Tschida, Appellant. No. A04-1950.Minnesota Court of Appeals. Filed July 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 District […]
NEPSTAD v. LAMBERT, 235 Minn. 1 (1951)
50 N.W.2d 614 GLEN G. NEPSTAD v. J. M. LAMBERT, INDIVIDUALLY AND d. b. a. TRUCK CRANE SERVICE COMPANY, AND OTHERS. NORTHERN STATES POWER COMPANY, RESPONDENT.[1] No. 35,341.Supreme Court of Minnesota. August 3, 1951. [1] Reported in 50 N.W.2d 614. Master and servant — relationship of parties — loaned servant — acts for which special […]
IN RE DISCIPLINARY ACTION, NEAL, 733 N.W.2d 117 (Minn. 2007)
In re Petition for DISCIPLINARY ACTION AGAINST Kenneth Anthony NEAL, a Minnesota Attorney, Registration No. 329782. No. A07-891.Supreme Court of Minnesota. June 12, 2007. ORDER The Director has filed a petition for disciplinary action alleging that respondent Kenneth Anthony Neal committed professional misconduct warranting public discipline, namely, failing to deposit funds given to him on […]
IN RE ESTATE OF WUNSCH, 177 Minn. 169 (1929)
225 N.W. 109 IN RE ESTATE OF WILLIAM WUNSCH.[1] No. 27,148.Supreme Court of Minnesota. April 12, 1929. [1] Reported in 225 N.W. 109. Communications between testator and attorney who drew his will are not privileged. 1. On appellant’s application to share in his grandfather’s estate on the ground that unintentionally he had been omitted from […]
EOP-NICOLLET v. COUNTY OF HENNEPIN, 723 N.W.2d 270 (Minn. 2006)
EOP-NICOLLET MALL, L.L.C., Relator, v. COUNTY OF HENNEPIN, Respondent. No. A06-96.Supreme Court of Minnesota. November 2, 2006. Page 271 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 272 SYLLABUS 1. The tax court did not abuse its discretion in denying relator’s motions […]
IN RE BELL v. MARVIN, C6-02-366 (Minn.App. 11-5-2002)
In re: Billie Jean Bell, petitioner, Respondent, v. John William Marvin II, Appellant. No. C6-02-366.Minnesota Court of Appeals. Filed November 5, 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). […]
RUSSELL-BEY v. STATE, C8-00-1627 (Minn.App. 4-17-2001)
Ronnie Lajuan Russell-Bey, petitioner, Appellant, v. State of Minnesota, Respondent. No. C8-00-1627.Minnesota Court of Appeals. Filed April 17, 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 […]
THE HOUSE OF GURNEY, INC. v. RONAN, 187 Minn. 150 (1932)
245 N.W. 30 THE HOUSE OF GURNEY, INC. v. JACK RONAN.[1] No. 29,019.Supreme Court of Minnesota. October 14, 1932. [1] Reported in 245 N.W. 30. Contract — breach — sufficieney of complaint. The complaint is construed on demurrer as not stating facts sufficient to state a cause of action, it seeking to recover money accruing […]
STATE v. GRUNEWALD, 211 Minn. 74 (1941)
300 N.W. 206 STATE v. CHARLES GRUNEWALD.[1] No. 32,799.Supreme Court of Minnesota. October 10, 1941. [1] Reported in 300 N.W. 206. Municipal corporation — willful neglect of official duty as police officer — conviction sustained. 1. The evidence is sufficient to sustain the verdict. Same — same — requested instructions properly refused. 2. Defendant’s requested […]
IN MATTER OF THE WELFARE OF E. V. B., A09-1899 (Minn.App. 4-27-2010)
In the Matter of the Welfare of: E. V. B., Child. No. A09-1899.Minnesota Court of Appeals. Filed April 27, 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 […]
STATE EX REL. PRETTYMAN v. TAHASH, 280 Minn. 551 (1968)
158 N.W.2d 259 STATE EX REL. ROBERT RAY PRETTYMAN v. RALPH H. TAHASH. No. 40,555.Supreme Court of Minnesota. April 19, 1968. Criminal law — postconviction habeas corpus — claims without merit. Appeal by Robert Ray Prettyman from an order of the Washington County District Court, William T. Johnson, Judge, discharging a writ of habeas corpus. […]
STATE v. DAVIS, A04-1855 (Minn. 9-28-2005)
State v. Laurence Levelle Davis. No. A04-1855.Supreme Court of Minnesota. September 28, 2005. Order on petition for further review Denied.
IN RE MARRIAGE OF HATTSTROM v. HATTSTROM, C4-98-1249 (Minn.App. 12-15-1998)
IN RE THE MARRIAGE OF: CURTIS H. HATTSTROM, petitioner, Appellant, v. CAROLANN E. HATTSTROM, Respondent. No. C4-98-1249.Minnesota Court of Appeals. Filed December 15, 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. […]
OLSON v. RYT-WAY INDUSTRIES INC., A08-1294 (Minn.App. 7-7-2009)
Sandra J. Olson, Relator, v. Ryt-Way Industries Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A08-1294.Minnesota Court of Appeals. Filed: July 7, 2009. Department of Employment and Economic Development. RECENT ORDER OPINIONS RENEE L. WORKE, Judge. Affirmed. Page 1
MASTER BLASTER v. DAMMANN, A09-1617 (Minn. 6-29-2010)
Master Blaster, Inc. v. Doug Dammann, et al. No. A09-1617.Supreme Court of Minnesota. Filed June 29, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN MATTER OF THE WELFARE OF H.A.D., A07-1341 (Minn. 8-5-2008)
In the Matter of the Welfare of: H.A.D., Child. No. A07-1341.Supreme Court of Minnesota. Filed: August 5, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
STATE v. BORASH, A04-1105 (Minn.App. 8-16-2005)
State of Minnesota, Respondent, v. Jeffrey Borash, Appellant. No. A04-1105.Minnesota Court of Appeals. Filed August 16, 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 Court, […]
HOMMERDING v. PETERSON, 376 N.W.2d 456 (Minn.App. 1985)
Sylvester J. HOMMERDING, et al., Appellants, v. Clarence D. PETERSON, et al., Respondents. No. C5-85-630.Minnesota Court of Appeals. November 5, 1985. Appeal from the District Court, Stearns County, Paul G. Hoffman, J. Page 457 Syllabus by the Court 1. The vendee cannot bring an action for fraudulent misrepresentation on a contract for deed against the […]
IN MATTER OF B.J.M., A09-1684 (Minn.App. 3-23-2010)
In The Matter of the Welfare of the Children of: B.J.M., Parent. No. A09-1684.Minnesota Court of Appeals. Filed March 23, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal […]
DEMPSEY v. ALLEN, 210 Minn. 395 (1941)
298 N.W. 570 PETER J. DEMPSEY v. GEORGE ALLEN AND OTHERS.[1] No. 32,825.Supreme Court of Minnesota. June 6, 1941. [1] Reported in 298 N.W. 570. Deed — genuineness of execution — evidence. 1. On conflicting evidence, decision sustained that a deed was not a forgery. Deed — genuineness and delivery — duly acknowledged deed. 2. […]
RECONSTRUCTION FINANCE CORP. v. OSVEN, 207 Minn. 146 (1940)
290 N.W. 230 RECONSTRUCTION FINANCE CORPORATION v. ARNE OSVEN.[1] No. 32,332.Supreme Court of Minnesota. February 9, 1940. [1] Reported in 290 N.W. 230. Limitation of action — acknowledgment of debt — effect — time of making — giving of mortgage as security. An unqualified and unconditional acknowledgment of a debt implies a promise to pay […]
BECERRA v. MINNESOTA DEPARTMENT OF CORRECTIONS, A09-308 (Minn. 7-22-2009)
Erik Becerra v. Minnesota Department of Corrections, et al. No. A09-308.Supreme Court of Minnesota. Filed July 22, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
SIMON v. MILWAUKEE AUTOMOBILE MUTUAL INS. CO., 262 Minn. 378 (1962)
115 N.W.2d 40 THEODORE SIMON AND ANOTHER v. MILWAUKEE AUTOMOBILE MUTUAL INSURANCE COMPANY AND OTHERS. No. 38,268.Supreme Court of Minnesota. April 27, 1962. Insurance — automobile liability insurance — exclusionary clause — ambiguity. 1. A “drive other automobiles” provision in an automobile insurance policy excepting the insurer from liability with respect “to any automobile owned […]
SIMMONS v. MODERN AERO, INC., 603 N.W.2d 336 (Minn.App. 1999)
Dennis Simmons D.D.S., P.A., Appellant, vs. Modern Aero, Inc. d/b/a ASI Aero Services, et al., Respondents. No. C4-99-371.Minnesota Court of Appeals. December 14, 1999. Hennepin County District Court, File No. PD-97-8888. Page 337 SYLLABUS The Uniform Deceptive Trade Practices Act does not permit a private action for damages and a grant of injunctive relief is […]
ALBERT v. EDGEWATER BEACH BUILDING CORP., 218 Minn. 20 (1944)
15 N.W.2d 460 H. W. ALBERT v. EDGEWATER BEACH BUILDING CORPORATION AND OTHERS.[1] No. 33,750.Supreme Court of Minnesota. June 23, 1944. [1] Reported in 15 N.W.2d 460. Attorney and client — authority of attorney to execute stipulation. 1. Evidence in the form of affidavits and a letter executed by appellant’s secretary held sufficient to establish […]
S.J.S. BY L.S. v. FARIBAULT COUNTY, 556 N.W.2d 563 (Minn.App. 1996)
S.J.S., a minor, by L.S., her mother and natural guardian, Appellants, v. FARIBAULT COUNTY et al., Respondents. No. C6-96-566.Minnesota Court of Appeals. December 3, 1996. Review Denied January 21, 1997. Appeal from the District Court, Faribault County, Harvey Holtan, J. Page 564 Syllabus by the Court 1. Prosecutorial immunity protects a prosecutor from civil liability […]
STATE v. MONROE, A10-715 (Minn.App. 8-24-2010)
State of Minnesota, Appellant, v. Faron Raymond Monroe, Respondent. No. A10-715.Minnesota Court of Appeals. Filed August 24, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
STATE v. ZAVALA, A05-1532 (Minn. 9-27-2006)
State v. Jose Soto Zavala. No. A05-1532.Supreme Court of Minnesota. Filed September 27, 2006. Order on Petition for further review Denied.