Category: Minnesota Court Opinions

Agnes GOLDEN, Appellant, v. Junior Ray GOLDEN, Respondent. No. 48517.Supreme Court of Minnesota. August 3, 1979. Appeal from the District Court, Ramsey County, E. Thomas Brennan, J. Page 888 William B. Randall, County Atty., and Steven C. DeCoster, Asst. County Atty., St. Paul, for appellant. Seltz, Tolaas Jensen, John F. Ebner, and Russell J. Jensen, […]

107 N.W.2d 381 THE DAHLBERG COMPANY v. WESTERN HEARING AID CENTER, LTD., AND OTHERS.[*] Nos. 38,030, 38,031, 38,032.Supreme Court of Minnesota. January 27, 1961. [*] Certiorari denied, 366 U.S. 961, 81 S.Ct. 1921, 6 L. ed. 2d 1253. Corporations — foreign corporations — amenability to suit — engaging in business — acceptance of jurisdiction — […]

239 N.W.2d 764 ESTHER BOHACH v. GENE THOMPSON AND ANOTHER. DUAINE ESPEGARD, SPECIAL ADMINISTRATOR OF ESTATE OF NICK HENRY BOHACH, THIRD-PARTY DEFENDANT. No. 45402.Supreme Court of Minnesota. March 5, 1976. Automobiles — negligence of driver — admission of expert testimony on speed — propriety. The trial court did not abuse its discretion by allowing defendants […]

James R. MILLER, Respondent, v. AUTO-OWNERS INSURANCE CO., Appellant. No. C7-84-1235.Minnesota Court of Appeals. December 4, 1984. Appeal from the District Court, Ramsey County, David Marsden, J. Page 478 Syllabus by the Court The trial court erred in finding that an obvious error existed in the printed language of Minn.Stat. § 65B.49, subd. 6(a) (Supp. […]

185 N.W.2d 879 DIANE L. REILAND v. ROBERT KENNETH REILAND. No. 42463.Supreme Court of Minnesota. April 2, 1971. Divorce — custody of children — propriety of award. Appeal by plaintiff wife from a judgment of the Fillmore County District Court, O. Russell Olson, Judge, supplementing a divorce decree so as to grant defendant husband the […]

Ronald ENRIGHT, as attorney-in-fact for S.E., et al., Respondents, v. Robert H. LEHMANN, Appellant, Lehmann Engineering, Inc., Defendant. No. A06-347.Minnesota Court of Appeals. December 12, 2006. Appeal from the District Court, Dakota County, William F. Thuet, J. Page 547 Syllabus by the Court 1. There is no conflict between caselaw authorizing the garnishment of a […]

STATE of Minnesota, Respondent, v. Eric Doyle HEITHECKER, Appellant. No. C4-86-497.Minnesota Court of Appeals. November 4, 1986. Appeal from the Municipal Court, Hennepin County, Isabel Gomez Edwards, J. Syllabus by the Court This court cannot address evidentiary or sufficiency-of-evidence issues when appellant fails to provide a trial transcript. Hubert H. Humphrey III, Atty. Gen., St. […]

128 N.W.2d 731 OLGA P. PAUTZ, SPECIAL ADMINISTRATRIX OF ESTATE OF RAYMOND E. PAUTZ, v. AMERICAN INSURANCE COMPANY. No. 39,186.Supreme Court of Minnesota. May 15, 1964. Pleading — defenses not involved in trial — denial of motion to strike — effect. 1. Where defenses to action on contracts for settlement of a prior cause of […]

74 N.W.2d 305 ABE LEHMAN v. HANSORD PONTIAC COMPANY, INC.[1] No. 36,677.Supreme Court of Minnesota. December 9, 1955. [1] Reported in 74 N.W.2d 305. Appeal and error — review — failure of appellant to assign errors — question argued by respondent. 1. In a civil action where the appellant fails to specify his assignments of […]

AUTO OWNERS INSURANCE COMPANY, Respondent, v. Chong Suk PERRY, Appellant. No. A06-1235.Minnesota Court of Appeals. April 17, 2007. Appeal from the District Court, Scott County, Michael R. Savre, J. Page 283 SYLLABUS A person who is the live-in significant other of an insured and who does not meet the definition of “dependent” under the insured’s […]

In re the Marriage of Patricia A. BURR, petitioner, Respondent, v. Frederick J. BURR, Appellant. No. C0-84-220.Minnesota Court of Appeals. August 14, 1984. Appeal from the County Court, Houston County, S.A. Sawyer, J. Page 645 Syllabus by the Court Appellant’s duty to pay spousal maintenance does not terminate upon respondent’s remarriage where the parties had […]

John R. JANSEN, Relator, v. PEOPLES ELECTRIC COMPANY, INC., Respondent, Commissioner of Economic Security, Respondent. No. 81-574.Supreme Court of Minnesota. April 9, 1982. Syllabus by the Court The doctrine of constructive voluntary quit as enunciated i Anson v. Fisher Amusement Corp., 254 Minn. 93, 93 N.W.2d 815 (1958), applies to an employee who is bumped […]

RFT ASSOCIATES, Respondent, v. Barry D. SMITH, et al., Appellants. No. C5-87-1555.Minnesota Court of Appeals. February 9, 1988. Appeal from the District Court, Dakota County, Richard J. Menke, J. Page 110 Syllabus by the Court 1. During the first year of a lease that is governed by federal Section 8 laws, the landlord may only […]

Bruce J. LIDBERG, Respondent, v. Natalie Haas STEFFEN, Commissioner of Human Services, Petitioner, Appellant. No. C1-92-1129.Supreme Court of Minnesota. April 1, 1994. Appeal from the Judicial Appeal Panel, Gerald W. Kalina, J. Page 780 Syllabus by the Court 1. Due process permits a state to continue the commitment of a person as mentally ill and […]

STATE of Minnesota, Respondent, v. Gregory Michael FRANSON, Appellant. No. CO-86-1340.Minnesota Court of Appeals. April 21, 1987. Appeal from the Hennepin County District Court, A. Paul Lommen, J. Syllabus by the Court 1. The defendant was not denied effective assistance of counsel. 2. The weight of alibi evidence is for the jury to determine. 3. […]

STATE of Minnesota, Respondent, v. Jay E. NORREGAARD, Appellant. No. C4-85-912.Minnesota Court of Appeals. January 21, 1986. Review Granted March 14, 1986. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 550 Syllabus by the Court 1. The evidence is sufficient to sustain appellant’s convictions for aggravated robbery and assault. 2. Appellant is […]

216 N.W.2d 681 PRIOR LAKE STATE BANK, BY E. N. BARSNESS, v. ROBERT LEO MAHONEY AND OTHERS. No. 44074.Supreme Court of Minnesota. March 1, 1974. Quieting title — action by purchaser at foreclosure sale to quiet title — impermissible defense. Action in the Scott County District Court to quiet title to certain real estate. Defendant […]

In the Matter of the Trust Under Agreement dated May 13, 1950 by and between Karl T. WIEDEMANN, Trustor, and Earl Paulson and First National Bank of Minneapolis, Trustees. No. C5-84-1332.Minnesota Court of Appeals. November 20, 1984. Appeal from the District Court, Hennepin County, Henry W. McCarr, J. Page 140 Syllabus by the Court Language […]

STATE of Minnesota, Respondent, v. John VANG, Defendant, Integrity Bonding Company, Appellant. No. A08-0425.Minnesota Court of Appeals. March 31, 2009. Appeal from the District Court, Ramsey County, John B. VanDeNorth, Jr., J. Page 355 SYLLABUS When a party seeking reinstatement and discharge of a bail bond fails to specifically request a hearing, there is no […]

H.J. KRAMER PLUMBING HEATING, INC., Respondent, v. Ralph A. SCHARMER, et al., Appellants. No. C1-85-1564.Minnesota Court of Appeals. April 29, 1986. Appeal from the District Court, Winona County, Lawrence T. Collins, J. Page 743 Syllabus by the Court 1. The trial court properly interpreted the parties’ contract to exclude construction of a lift station building. […]

STATE of Minnesota, Respondent, v. Mary Jo HLAVAC, Appellant. No. C1-95-1548.Minnesota Court of Appeals. December 19, 1995. Appeal from the District Court, Hennepin County, Gary R. Larson, J. Syllabus by the Court At a revocation hearing, if a defendant asserts that the evidence presented does not satisfy the three factors required for the revocation of […]

240 N.W.2d 333 IRENE A. WENNINGER, BY EDWIN A. WENNINGER, HER GUARDIAN AD LITEM, AND ANOTHER v. DR. WILLIAM J. MUESING. No. 45738.Supreme Court of Minnesota. March 19, 1976. Evidence — physician-patient privilege — compulsory waiver. 1. Rule 35.03, Rules of Civil Procedure, mandates the compulsory waiver of the physician-patient privilege, defined by Minn. St. […]

STATE of Minnesota, Respondent, v. Lawrence Andrew SAFFEELS, Appellant. No. C8-91-2333.Minnesota Court of Appeals. April 28, 1992. Review Denied June 1, 1992. Appeal from the District Court, Martin County, Linda S. Titus, J. Syllabus by the Court Police had articulable suspicion for the stop of appellant who matched description of perpetrator of recently-committed crime, was […]

In re the Marriage of Barbara A. DINWIDDIE (Cameron), petitioner, Appellant, v. Harry E. DINWIDDIE, Respondent. No. C8-85-279.Minnesota Court of Appeals. June 11, 1985. Appeal from the County Court, Le Seur County, John Daly, J. Syllabus by the Court 1. An order denying a motion to amend findings is not appealable. 2. An order increasing […]

235 N.W.2d 371 ELIZABETH McBRIDE v. SEARS, ROEBUCK AND CO. No. 44923.Supreme Court of Minnesota. October 31, 1975. Libel and slander — qualifiedly privileged communications — effect. 1. In an action for slander, it is held that communications between an employer’s agents made in the course of investigating employee misconduct are qualifiedly privileged and that, […]

CENTRAL COLLECTION SERVICE, INC., Respondent, v. Richard W. REYNOLDS, et al., Defendants, and Associated Milk Producers, Inc., Garnishee-Defendant, Appellant. No. C9-88-2489.Minnesota Court of Appeals. April 11, 1989. Appeal from the District Court, Kanabec County, James R. Clifford, J. Syllabus by the Court Because milk proceeds are not “wages” under Minn.Stat. § 181.06 (1988), assignments are […]

WESTERN WORLD INSURANCE COMPANY, Appellant, v. ANOTHEN, INC., Defendant and Third Party Plaintiff, Respondent, and Ruth Nagel, Respondent, Glen Kindt, Third Party Defendant, Respondent. No. C6-86-226.Minnesota Court of Appeals. July 29, 1986. Appeal from the District Court, Stevens County, Keith C. Davison, J. Page 71 Syllabus by the Court 1. A deposition taken after judgment […]

In the Matter of the Application for the DISCIPLINE OF Anthony A. DANNA, an Attorney at Law of the State of Minnesota. No. C9-86-950.Supreme Court of Minnesota. April 3, 1987. William J. Wernz, Director of the Office of Lawyers Professional Responsibility, Thomas C. Vasaly, St. Paul, for appellant. Douglas W. Thompson, St. Paul, for respondent. […]

Washington County Sheriff, Respondent, v. JBI Associates, Inc., Respondent, SDMTK, Inc., Appellant, Jack Lehtinen, Respondent. No. C5-98-1891.Minnesota Court of Appeals. Filed May 4, 1999. Page 140 Appeal from Washington County District Court, File No. C6971707, Shumaker, Judge SYLLABUS The appropriate method of computing the five-day creditor-lienor redemption period under Minn.Stat. § 580.24 (1996) in a […]

In re the Marriage of Kevin Howard COMPART, Petitioner, Respondent, v. Donna Mae COMPART, Appellant. No. C0-87-1222.Minnesota Court of Appeals. January 5, 1988. Appeal from the McLeod County Court, Leroy W. Yost, J. Page 659 Syllabus by the Court The trial court erred in not modifying the support order where appellant presented evidence to show […]

Angela Collins, et al., Appellants, vs. Minnesota School of Business, Inc., Respondent. C7-01-690Minnesota Court of Appeals. Filed: December 10, 2001. Appeal from the District Court, Hennepin County, Bruce Hartigan, J., File No. MC9722498. Page 817 SYLLABUS 1. When a party accepts an offer of judgment in a suit involving multiple claims, some of which authorize […]

STATE of Minnesota, Respondent, v. Dana Michael TERPSTRA, Appellant. No. C2-94-2018.Supreme Court of Minnesota. April 12, 1996. Appeal from the District Court, Hennepin County, Henry W. McCarr, J. Syllabus by the Court The district court did not err by ordering defendant to pay a restitution amount in excess of the monetary parameters of the offense […]

In the Matter of the Application for the DISCIPLINE OF Wayne A. WENTWORTH, an Attorney at Law of the State of Minnesota. No. C0-85-910.Supreme Court of Minnesota. August 12, 1985. Page 276 ORDER For a period of more than five years, the respondent on various occasions has neglected his legal practice and otherwise violated the […]

In re Petition for Disciplinary Action against Nancy A. EVANS, an Attorney at Law of the State of Minnesota. No. C4-89-1776.Supreme Court of Minnesota. October 19, 1990. Page 227 William J. Wernz, Director of the Office of Lawyers Professional Responsibility, Thomas C. Vasaly, First Asst. Director, St. Paul, for appellant. Stephen P. Doyle, Doyle Michaels, […]

154 N.W.2d 684 GRACE N. EHLMANN v. EDWARD WINSTON EHLMANN. No. 40,684.Supreme Court of Minnesota. November 24, 1967. Divorce — decree — property division — alimony and support — review. It is not within the province of this court to determine issues of fact, and an award of alimony and support money and an adjudication […]

Myra Jo PETERSON, f/k/a Myra Jo Lobeck, Respondent, v. Terry E. LOBECK, Appellant. No. C5-87-1426.Minnesota Court of Appeals. March 22, 1988. Appeal from the District Court, Washington County, David E. Doyscher, J. Syllabus by the Court If neither the dissolution decree nor any other writing contains an express provision requiring that maintenance continue after remarriage, […]

In the Matter of the Application for Reinstatement of William J. PLATTO, an Attorney at Law of the State of Minnesota. No. C4-87-2289.Supreme Court of Minnesota. December 7, 1989. ORDER WHEREAS, respondent was transferred to disability inactive status pursuant to Rule 28, RLPR, by order of the court dated March 10, 1988, and WHEREAS, following […]

In re Petition for DISCIPLINARY ACTION AGAINST Michael Laurence CZARNIK, a Minnesota Attorney, Registration No. 257382. No. A07-1885.Supreme Court of Minnesota. January 15, 2009. Page 218 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 219 SYLLABUS 1. The referee’s finding that an […]

SPINETT, INC., Respondent, v. PEOPLES NATURAL GAS COMPANY, A DIVISION OF INTERNORTH, INC., Appellant, Sprague Meter, a Division of Textron, Inc., as successors to Economy Governor Company, Defendant. No. C8-85-1545.Minnesota Court of Appeals. April 22, 1986. Appeal from the District Court, Dodge County, Roger S. Plunkett, J. Page 835 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

In re the Matter of the Appeal of Edna R. ROSCKES, et al., petitioners, Appellants, v. COUNTY OF CARVER, Community Social Services, Respondent, Commissioner of Minnesota Department of Human Services, Respondent. No. A09-1821.Minnesota Court of Appeals. June 8, 2010. Appeal from the District Court, Carver County, Kevin W. Eide, J. Page 221 [EDITORS’ NOTE: THIS […]

Peg J. ZIEGLER, Appellant, v. LEO A. HOFFMANN CENTER, INC., Respondent. No. C8-86-1121.Minnesota Court of Appeals. December 9, 1986. Review Denied February 13, 1987. Appeal from the District Court, Nicollet County, Harvey A. Holtan, J. Page 379 Syllabus by the Court 1. The trial court did not err in holding that appellant did not have […]

198 N.W.2d 555 RALPH HEGMAN COMPANY v. TRANSAMERICA INSURANCE COMPANY. No. 43222.Supreme Court of Minnesota. June 16, 1972. Depositions — deposition of adverse party — use at trial. 1. Under Rule 26.04, Rules of Civil Procedure, the deposition of a party may be used by an adverse party for any purpose, and in the absence […]

249 N.W.2d 463 JOYCE P. DAUPHINE v. CITY OF MINNEAPOLIS, DEPARTMENT OF PUBLIC WELFARE, WORKHOUSE DEPARTMENT. No. 46692.Supreme Court of Minnesota. January 7, 1977. Workers’ compensation — causal relationship between employee’s injury and disability. Certiorari upon the relation of Joyce P. Dauphine, widow of Richard F. Dauphine, deceased employee, to review a decision of the […]

5 N.W.2d 67 EVA LOU WOLNER v. STATE DEPARTMENT OF SOCIAL SECURITY, DIVISION OF PUBLIC INSTITUTIONS, ANOKA STATE HOSPITAL.[1] No. 33,239.Supreme Court of Minnesota. July 17, 1942. [1] Reported in 5 N.W.2d 67. Workmen’s compensation — legislative award for tuberculosis contracted in state service — no right to benefits under compensation act. 1. By accepting […]

Julie A. NELSON, Appellant, v. John Estes HOUSE, Karen Ann Pitoscia, et al., Independent School District No. 709, Diane Williams, Respondents. No. C3-86-1754.Minnesota Court of Appeals. March 24, 1987. Review Denied May 18, 1987. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Page 640 Syllabus by the Court A municipality’s tort […]

Jerry L. NUTTER, Relator, v. UNITED PARCEL SERVICE and Liberty Mutual Insurance Company, Respondents. No. C7-98-94.Supreme Court of Minnesota. April 30, 1998. Considered and decided by the court en banc. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers’ Compensation Court of Appeals filed […]

STATE of Minnesota, Respondent, v. Gordon MILES, Appellant. No. C3-85-2022.Minnesota Court of Appeals. July 22, 1986. Review Denied September 22, 1986. Appeal from the District Court, Hennepin County, Franklin J. Knoll, J. Syllabus by the Court 1. There was sufficient evidence for the jury to find appellant guilty of first degree criminal sexual conduct, second […]

STATE of Minnesota, Respondent, v. Arnold R. WILLIAMS, Appellant. No. C4-82-572.Supreme Court of Minnesota. February 18, 1983. Appeal from the District Court, Hennepin County, Crane Winton, J. Page 838 Syllabus by the Court Evidence was sufficient to support defendant’s conviction of aggravated robbery, however, case is remanded for resentencing in light of State v. Olson, […]

In re Petition for DISCIPLINARY ACTION AGAINST Richard W. JOHNSON, an Attorney at Law of the State of Minnesota. No. C4-97-155.Supreme Court of Minnesota. June 20, 1997. Page 433 ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Richard W. Johnson has committed […]

Terrence JENDRO, Respondent, v. BROWN BOVERI TURBO MACHINERY CO., Relator, Zurich-American Insurance Company, Relator, Minnesota Department of Public Welfare, Intervenor. No. C1-84-730.Supreme Court of Minnesota. October 12, 1984. Page 717 Syllabus by the Court A physician’s written medical report in which he expressed conclusions about the nature of the injury employee had sustained and the […]

244 N.W.2d 129 TOWNSHIP OF STERLING v. EDGAR GRIFFIN AND ANOTHER. No. 45763.Supreme Court of Minnesota. June 25, 1976. Roads — town roads — applicability of Marketable Title Act. 1. The Marketable Title Act, Minn. St. 541.023, applies to town roads. Same — same — failure to record road under Marketable Title Act — effect […]

81 N.W.2d 254 THELMA DENNIS v. NORTHWESTERN NATIONAL BANK. No. 37,018.Supreme Court of Minnesota. February 21, 1957. Finding lost goods — right of finder — envelope found in restricted area of bank. 1. Where an unmarked envelope containing money was found within an area of defendant bank set apart as the safety deposit vault, to […]