15 N.W.2d 115 JOHN G. BERTHIAUME v. VICTOR CHRISTGAU.[1] No. 33,788.Supreme Court of Minnesota. June 30, 1944. [1] Reported in 15 N.W.2d 115. Master and servant — eligibility to unemployment benefits — availability of applicant for “suitable work.” Construing L. 1943, c. 650, § 4(C), as requiring an applicant for unemployment benefits under the employment […]
Category: Minnesota Court Opinions
STATE v. FOOTE, A03-1027 (Minn.App. 2-24-2004)
State of Minnesota, Respondent, v. Brian Lee Foote, Appellant. No. A03-1027.Minnesota Court of Appeals. Filed February 24, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
GOBERDHAN v. ILLINOIS FARMERS INS. CO., A04-732 (Minn.App. 12-28-2004)
Bhupaul Goberdhan, Respondent, v. Illinois Farmers Insurance Co., Appellant. No. A04-732.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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, subd. 3 (2002). Appeal from the District […]
STRAND v. G. N. RY. CO., 233 Minn. 546 (1951)
46 N.W.2d 264 DAVID A. STRAND v. GREAT NORTHERN RAILWAY COMPANY AND MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILWAY COMPANY.[1] Nos. 35,223, 35,224.Supreme Court of Minnesota. February 10, 1951. [1] Reported in 46 N.W.2d 275. Appeal and error — remittitur — issuance — premature application. Costs — on appeal — waiver of payment before remittitur […]
STATE v. DRILLING, A10-1200 (Minn. 4-19-2011)
State v. Thomas Lee Drilling. No. A10-1200.Supreme Court of Minnesota. Filed April 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
IN RE EUSTATHIADES v. BOWMAN, C3-00-269 (Minn.App. 9-5-2000)
In the Matter of: Fiona M. Eustathiades, petitioner, Respondent, vs. Ben T. Bowman, Appellant. No. C3-00-269.Minnesota Court of Appeals. Filed September 5, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
ADLER v. SAFECO INS. CO., 413 N.W.2d 566 (Minn.App. 1987)
Elizabeth ADLER, as trustee for the surviving next of kin of George Adler, deceased, Respondent, v. SAFECO INSURANCE COMPANY, Appellant. No. C5-87-762.Minnesota Court of Appeals. October 13, 1987. Appeal from the District Court, Anoka County, Daniel Kammeyer, J. Syllabus by the Court 1. The arbitration panel wrongfully awarded prejudgment interest. 2. An arbitration panel does […]
AMERICAN FIRE CAS. v. LIBERTY MUT., 546 N.W.2d 758 (Minn.App. 1996)
AMERICAN FIRE CASUALTY COMPANY, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts Corporation, Respondent. No. C9-95-2351.Minnesota Court of Appeals. April 30, 1996. Appeal from District Court, Hennepin County; Andrew W. Danielson, Judge. Syllabus by the Court An exclusion of no-fault personal injury protection coverage in an automobile insurance policy on an automobile loaned to a […]
CONNOR v. CITY OF LA CRESCENT, A10-1585 (Minn.App. 6-6-2011)
Tory Michael Connor, Appellant, v. City of La Crescent, et al., Respondents, William Von Arx, in his individual capacity as a La Crescent City Attorney, Respondent. No. A10-1585.Minnesota Court of Appeals. Filed June 6, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not […]
HASAN v. McDONALD’S CORP., 377 N.W.2d 472 (Minn.App. 1985)
Maureen HASAN, Appellant, v. McDONALD’S CORPORATION, et al., Respondents. No. C1-85-1287.Minnesota Court of Appeals. November 19, 1985. Appeal from the District Court, Ramsey County, James M. Lynch, J. Page 473 Syllabus by the Court 1. The deposition transcripts are not part of the record on appeal because they were never filed in the district court […]
BATCHELDER v. CITY OF FARIBAULT, 212 Minn. 251 (1942)
3 N.W.2d 778 CHARLES S. BATCHELDER AND ANOTHER v. CITY OF FARIBAULT.[1] Nos. 33,024, 33,078.Supreme Court of Minnesota. April 10, 1942. [1] Reported in 3 N.W.2d 778. Municipal corporation — bonds — evidence of ownership. 1. The evidence sustains the finding that the bearer bonds issued, for value received, by defendant July 1, 1899, due […]
STATE EX REL. CONNOLLY v. PARKS, 199 Minn. 622 (1937)
273 N.W. 233 STATE EX REL. JOHN L. CONNOLLY v. CLAYTON PARKS.[1] No. 31,389.Supreme Court of Minnesota. May 14, 1937. [1] Reported in 273 N.W. 233. Jury — right to trial by jury — action involving violation of city ordinance. 1. Sp. L. 1889, c. 351, § 7, providing that the judge of the municipal […]
STATE v. SPEARS, C8-98-2307 (Minn.App. 5-18-1999)
State of Minnesota, Respondent, v. Randall Spears, Appellant. No. C8-98-2307.Minnesota Court of Appeals. Filed May 18, 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 Scott County […]
IN RE MARRIAGE OF KIMURA, A04-643 (Minn.App. 12-7-2004)
In re the Marriage of: Keiko Kimura, petitioner, Respondent, v. Mikael Soren Thollander, Appellant. No. A04-643.Minnesota Court of Appeals. Filed December 7, 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 […]
ZIMMERMAN v. WITTE TRANSP. CO., 259 N.W.2d 260 (Minn. 1977)
Patrice Marie ZIMMERMAN, by Mark Zimmerman, Her Father and Natural Guardian, and Mark Zimmerman, for Himself, Appellants, v. WITTE TRANSPORTATION COMPANY, et al., Respondents. No. 46734.Supreme Court of Minnesota. October 14, 1977. Appeal from the District Court, Winona County, Glenn E. Kelley, J. Page 261 Syllabus by the Court Information properly before the court as […]
LEWIS v. STATE, 697 N.W.2d 624 (Minn.App. 2005)
Byron Kendall LEWIS, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A04-1476.Minnesota Court of Appeals. June 14, 2005. Appeal from the District Court, Washington County, Gary R. Schurrer, J. Page 625 SYLLABUS 1. Possession of a firearm by a felon under Minn. Stat. § 624.713, subd. 1(b) (2000) is not a crime against a person […]
ZIMMERMAN v. AMERICAN INTER-INS. EXCH., 386 N.W.2d 825 (Minn.App. 1986)
Brent ZIMMERMAN, Appellant, v. AMERICAN INTER-INSURANCE EXCHANGE, Defendant, and Globe American Casualty Co., Respondent. No. C2-85-2156.Minnesota Court of Appeals. May 13, 1986. Appeal from the District Court, Benton County, Ranier L. Weis, J. Page 826 Syllabus by the Court Insured has not shown the minimal contacts necessary to confer personal jurisdiction over an automobile insurance […]
HENDRICKSON v. GREAT NORTHERN RAILWAY CO., 170 Minn. 394 (1927)
212 N.W. 600 CARL HENDRICKSON v. GREAT NORTHERN RAILWAY COMPANY.[1] No. 25,846.Supreme Court of Minnesota. March 4, 1927. [1] Reported in 212 N.W. 600. Whether trainmen and truck driver were negligent, questions for jury. Defendant’s negligence and the contributory negligence of the driver of plaintiff’s automobile, wrecked in a collision with defendant’s train, were for […]
FARMERS’ STO. v. DEL. FARM. MUT. FIRE INS. CO., 240 Minn. 170 (1953)
59 N.W.2d 889 FARMERS’ STORE OF WHEATON, INC., v. DELAWARE FARMERS’ MUTUAL FIRE INSURANCE COMPANY AND ANOTHER.[1] No. 36,006.Supreme Court of Minnesota. August 28, 1953. [1] Reported in 59 N.W.2d 889. Insurance — fire insurance — termination of policy. 1. Under M.S.A. 67.10, relating to organization of township mutual insurance companies, and by virtue of […]
STATE v. BOTTOMLEY, A09-722 (Minn. 6-29-2010)
State v. Kelly Ray Bottomley. No. A09-722.Supreme Court of Minnesota. Filed June 29, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. GURE, A08-2211 (Minn.App. 12-15-2009)
State of Minnesota, Respondent, v. Sadi Mohamed Gure, Appellant. No. A08-2211.Minnesota Court of Appeals. Filed December 15, 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 […]
THARALSON v. BLOOMINGTON INDEPENDENT SCH., C1-02-2218 (Minn.App. 6-17-2003)
Dale O. Tharalson, Relator, vs. Bloomington Independent School District No. 271, Respondent, Commissioner of Veterans Affairs, Respondent. No. C1-02-2218.Minnesota Court of Appeals. Filed June 17, 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. § […]
THOMAS v. STATE, A09-511 (Minn.App. 9-8-2009)
Antwan Darcell Thomas, petitioner, Appellant, v. State of Minnesota, Respondent. No. A09-511.Minnesota Court of Appeals. September 8, 2009. Appeal from Hennepin County District Court, Hon. LaJune T. Lange. RECENT ORDER OPINIONS LOUISE DOVRE BJORKMAN, Judge. Affirmed. Page 1
STATE v. GROSE, 396 N.W.2d 874 (Minn.App. 1986)
STATE of Minnesota, Appellant, v. Clinton GROSE, Respondent. No. C4-86-1133.Minnesota Court of Appeals. December 2, 1986. Review Dismissed January 16, 1987. Appeal from the District Court, Scott County, Thomas R. Howe, J. Syllabus by the Court Trial court properly denied State’s motion for an extension of time to refile indictments or complaint. Hubert H. Humphrey, […]
MAUS v. GALIC, A11-313 (Minn.App. 10-31-2011)
Steven M. Maus, Appellant, v. George J. Galic, Respondent, v. William Lewis, Nominal Defendant. No. A11-313.Minnesota Court of Appeals. Filed: October 31, 2011. Appeal from the District Court, Hennepin County, Hon. E. Anne McKinsey. RECENT ORDER OPINION RENEE L. WORKE, Judge. Affirmed. Page 1
ELOFSON v. CHISAGO COUNTY, A06-406 (Minn.App. 12-26-2006)
Cindy Elofson, Respondent, v. Chisago County, et al., Appellants. No. A06-406.Minnesota Court of Appeals. Filed December 26, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District […]
SCHURR v. COMMISSIONER OF PUBLIC SAFETY, A07-1466 (Minn.App. 9-23-2008)
Debora Kay Schurr, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A07-1466.Minnesota Court of Appeals. September 23, 2008. Appeal from the Hennepin County, District Court, Hon. William R. Howard. RECENT ORDER OPINIONS THOMAS J. KALITOWSKI, Judge. Affirmed. Page 1
MINNWEST BANK CENT. v. FLAGSHIP PROPERTIES, 689 N.W.2d 295 (Minn.App. 2004)
MINNWEST BANK CENTRAL, Respondent, v. FLAGSHIP PROPERTIES LLC, et al., Appellants, U.S. Small Business Administration, et al., Defendants. No. A04-476.Minnesota Court of Appeals. December 7, 2004. Appeal from the District Court, McLeod County, Terrance E. Conkel, J. Page 296 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
BLENDA LIFE CORP. v. BLENDA LIFE, INC., 293 Minn. 448 (1972)
196 N.W.2d 925 BLENDA LIFE CORP. v. BLENDA LIFE, INC. No. 42807.Supreme Court of Minnesota. April 21, 1972. Corporations — action against subsidiary — counterclaim — propriety of denial. Trial — motion to withdraw waiver of jury trial — propriety of denial. Action in the Sibley County District Court wherein plaintiff corporation sought to recover […]
IN THE MAT. OF REVOC. OF LICENSE OF MELBY, A09-2206 (Minn.App. 12-14-2010)
In the Matter of the Revocation of the Family Child Care License of Wendy J. Melby. No. A09-2206.Minnesota Court of Appeals. Filed December 14, 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, […]
IN RE D. J. D., C5-96-154 (Minn.App. 9-17-1996)
In the Matter of the Welfare of: D. J. D. No. C5-96-154.Minnesota Court of Appeals. Filed September 17, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the […]
KATH v. BURLINGTON NORTHERN R. CO., 441 N.W.2d 569 (Minn.App. 1989)
Eileen M. KATH, individually and as Executrix of the estate of Robert L. Kath, deceased, Respondent, v. The BURLINGTON NORTHERN RAILROAD COMPANY, Appellant. No. C5-88-1825.Minnesota Court of Appeals. June 13, 1989. Review Denied July 27, 1989. Appeal from the District Court, Dakota County, Jack Mitchell, J. Page 570 Syllabus by the Court 1. Trial court’s […]
STATE v. VANCE, 714 N.W.2d 428 (Minn. 2006)
STATE of Minnesota, Respondent, v. Philip VANCE, Appellant. No. A05-15.Supreme Court of Minnesota. May 25, 2006. Appeal from the District Court, Dakota County, Rex D. Stacey, J. Page 429 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 430 [EDITORS’ NOTE: THIS PAGE […]
FOSTER v. SUMMIT MEDICAL SYSTEMS, INC., 610 N.W.2d 350 (Minn.App. 2000)
David Foster, et al., Appellants, vs. Summit Medical Systems, Inc., et al., Respondents. C5-99-1724.Minnesota Court of Appeals. Filed May 16, 2000. Review Denied July 25, 2000. Hennepin County District Court, File No. CT9814259. Page 351 SYLLABUS 1. A retroactive date exclusion in directors’ and officers’ liability insurance policies excludes coverage for alleged interrelated acts to […]
STATE v. HOFMASTER, 288 N.W.2d 218 (Minn. 1979)
STATE of Minnesota, Respondent, v. James Vernon HOFMASTER, Jr., Appellant. No. 48472.Supreme Court of Minnesota. November 2, 1979. Appeal from the District Court, Rice County, Gerald Wolf, J. Page 219 Syllabus by the Court 1. Where defendant did not object to admission, during second part of a bifurcated trial, of evidence of his postarrest silence […]
MEYER v. COMMISSIONER OF HIGHWAYS, 283 Minn. 522 (1969)
166 N.W.2d 717 ELDRIN EDWARD MEYER v. COMMISSIONER OF HIGHWAYS. No. 41351.Supreme Court of Minnesota. March 28, 1969. Highway traffic regulation — revocation of driver’s license for speeding — when driver is acting under chauffeur’s license. Petition in the Carver County District Court by Eldrin Edward Meyer for reinstatement of a driver’s license. The commissioner […]
STATE, DEPT. OF PUBLIC SAFETY v. HOUSE, 291 Minn. 424 (1971)
192 N.W.2d 93 STATE, DEPARTMENT OF PUBLIC SAFETY, v. PHILLIP EARL HOUSE. No. 42908.Supreme Court of Minnesota. November 19, 1971. Highway traffic regulation — license revocation proceedings — nature — effect of agreement by county attorney to dismiss. A hearing pursuant to Minn. St. 169.123, subd. 6 (revocation of driver’s license pursuant to so-called “implied-consent” […]
MATTER OF PIRKL, 531 N.W.2d 902 (Minn.App. 1995)
In the Matter of Michael Kenneth PIRKL. No. C4-95-40.Minnesota Court of Appeals. May 30, 1995. Appeal from the District Court, Otter Tail County, William E. Walker, J. Page 903 Syllabus by the Court 1. Clear and convincing evidence supports the trial court’s conclusion that appellant exhibited an utter lack of control over his sexual impulses […]
IN RE DISCIPLINARY ACTION AGAINST POST, 686 N.W.2d 529 (Minn. 2004)
In re Petition for DISCIPLINARY ACTION AGAINST William F. POST, Jr., a Minnesota Attorney, Registration No. 15443X. No. A04-1295.Supreme Court of Minnesota. September 16, 2004. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent William F. Post, Jr., has committed professional misconduct warranting public […]
IN RE LEBARON, C7-01-1712 (Minn. 10-23-2001)
In Re Petition for Transfer to Disability Status of Michael B. LeBaron, an Attorney at Law of the State of Minnesota. No. C7-01-1712.Supreme Court of Minnesota. Filed: October 23, 2001. ORDER PAUL H. ANDERSON, Associate Justice. The Director of the Office of Lawyers Professional Responsibility has filed a petition for stay of proceedings and transfer […]
STATE v. CREGO, 395 N.W.2d 140 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Rod Douglas CREGO, Appellant. No. C7-86-428.Minnesota Court of Appeals. November 4, 1986. Review Denied December 17, 1986. Appeal from the District Court, St. Louis County, Mitchell A. Dubow, J. Syllabus by the Court Evidence was sufficient to convict defendant of criminal sexual conduct in the second degree. Hubert H. Humphrey, […]
IN RE PETITION FOR TRANSFER, DISABILITY WOROBY, 779 N.W.2d 825 (Minn. 2010)
In re Petition for Transfer to Disability Status of Maria Katherine WOROBY, a Minnesota Attorney, Registration No. 280288. No. A10-274.Supreme Court of Minnesota. March 2, 2010. ORDER The Director of the Office of Lawyers Professional Responsibility and respondent Maria Katherine Woroby jointly recommend that respondent be transferred to disability inactive status under Rule 28, Rules […]
KITTRELL v. STATE, A04-648 (Minn.App. 1-18-2005)
Thomas E. Kittrell, petitioner, Appellant v. State of Minnesota, Respondent. No. A04-648.Minnesota Court of Appeals. January 18, 2005. Steele County District Court, Hon. Gerald Wolf. RECENT ORDER OPINION Judge ROBERT H. SCHUMACHER. Affirmed.
OSBON v. HARTFIEL, 201 Minn. 347 (1937)
276 N.W. 270 TENA HANNAH OSBON v. LEO HARTFIEL AND OTHERS.[1] No. 31,472.Supreme Court of Minnesota. December 3, 1937. [1] Reported in 276 N.W. 270. Evidence — uncontradicted and uncontroverted evidence — sufficiency. 1. Where the positive testimony of witnesses is uncontradicted and unimpeached either by other positive testimony or by circumstantial evidence, either extrinsic […]
PETERSON v. PETERSON, 367 N.W.2d 90 (Minn.App. 1985)
In re the Marriage of Helen L. PETERSON, petitioner, Respondent, v. Ralph W. PETERSON, Appellant. No. C8-84-1714.Minnesota Court of Appeals. May 7, 1985. Review Denied July 17, 1985. Appeal from the District Court, Ramsey County, Roland J. Faricy, J. Page 91 Syllabus by the Court 1. The trial court properly determined the value of appellant’s […]
STATE v. OSOWSKI, C2-01-953 (Minn.App. 4-30-2002)
State of Minnesota, City of Golden Valley, Respondent, v. Joseph M. Osowski, Appellant. No. C2-01-953.Minnesota Court of Appeals. Filed April 30, 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). […]
IN RE DISCIPLINARY ACTION, 757 N.W.2d 690 (Minn. 2008)
In re Petition for DISCIPLINARY ACTION AGAINST George E. HULSTRAND, Jr., a Minnesota Attorney, Registration No. 48033. No. A08-1935.Supreme Court of Minnesota. November 26, 2008. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent George E. Hulstrand, Jr., committed professional misconduct warranting public discipline, […]
BARNA, GUZY STEFFEN, LTD. v. BEENS, 541 N.W.2d 354 (Minn.App. 1995)
BARNA, GUZY STEFFEN, LTD., Respondent, v. Richard A. BEENS, Appellant. No. C8-95-1479.Minnesota Court of Appeals. December 26, 1995. Review Denied February 27, 1996. Appeal from the District Court, Anoka County, Daniel H. Mabley, J. Page 355 Syllabus by the Court 1. A shareholder agreement requiring a departing lawyer to pay his or her former law […]
STATE EX REL. LARSEN v. RAMSTAD-HVASS, CX-00-1080 (Minn.App. 10-3-2000)
State of Minnesota, ex rel. Chance Ute Larsen, Appellant, vs. Sheryl Ramstad-Hvass, Commissioner of Corrections, Respondent. No. CX-00-1080Minnesota Court of Appeals. Filed October 3, 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, […]
STATE v. NASH, 339 N.W.2d 554 (Minn. 1983)
STATE of Minnesota, Appellant, v. Roosevelt NASH, a.k.a. Eddie Bell, Respondent. No. C8-83-116.Supreme Court of Minnesota. November 4, 1983. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 555 Syllabus by the Court Record on appeal fails to establish that downward durational and dispositional sentencing departures by district court were justified. Hubert H. […]
TEBBEN v. CARLSON CONSTR., C4-99-628 (Minn.App. 12-28-1999)
John A. Tebben, et al., Appellants, v. Carlson Construction, Inc., Respondent. No. C4-99-628.Minnesota Court of Appeals. Filed December 28, 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 […]
FRAZIER v. COMMISSIONER OF PUBLIC SAFETY, A07-0997 (Minn.App. 7-1-2008)
Richard Allen Frazier, petitioner, Appellant, v. Commissioner of Public Safety, Respondent, State of Minnesota, Respondent. No. A07-0997, A07-1004.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, […]
STATE v. KESSELBERG, A04-847 (Minn. 5-17-2005)
State v. Geraldine Kesselberg. No. A04-847.Supreme Court of Minnesota. May 17, 2005. Order on petition for further review Denied.
STANLEY v. STATE, C3-01-2212 (Minn.App. 7-2-2002)
Larry Laye Stanley, petitioner, Appellant, v. State of Minnesota, Respondent. No. C3-01-2212Minnesota Court of Appeals. Filed July 2, 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 […]
ALBERT v. LAROSE, A07-495 (Minn.App. 4-15-2008)
Ikechi Kallys Albert, Appellant, v. Sandy Larson, Program Director (Shadyview) in her individual capacity and an employee of Thomas Allen, Inc., et al., Respondents, Minnesota Department of Employment and Economic Development, Respondent. No. A07-495.Minnesota Court of Appeals. Filed: April 15, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion […]
IN RE H.M. v. SPECIAL SCHOOL DIST. NO. 1, C7-95-2204 (Minn.App. 5-14-1996)
In the Matter of: H.M., Student, Relator, vs. Special School District No. 1, Respondent, Commissioner of Children, Families, and Learning, Respondent. No. C7-95-2204Minnesota Court of Appeals. Filed May 14, 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 […]
SAVCHUK v. RUSH, 290 N.W.2d 633 (Minn. 1980)
Jeffrey D. SAVCHUK, Respondent, v. Randal RUSH and State Farm Mutual Automobile Insurance Company, garnishee, Appellants. No. 45556.Supreme Court of Minnesota. March 28, 1980. Appeal from the District Court, Hennepin County; Douglas K. Amdahl, Minneapolis, Judge. Meagher, Geer, Markham, Anderson, Adamson, Flaskamp Brennan, and James F. Roegge, Minneapolis, for appellants. Schermer, Schwappach, Borkon Ramstead, John […]
WENDT v. COUNTY OF OSCEOLA, IOWA, 289 N.W.2d 67 (Minn. 1979)
Linda WENDT, by and through her guardian, Bernadine Geiser, a.k.a. Betty Geiser and Daniel Wendt, Appellants, v. COUNTY OF OSCEOLA, IOWA, Respondent, County of Nobles, Minnesota, Respondent. Michelle DIXON, by her father and natural guardian, Ronald Dixon, and Ronald Dixon, individually, Respondents, v. Linda WENDT, Respondent, County of Osceola, Iowa, Respondent, County of Nobles, Minnesota, […]
BAKER v. MacGILLIS GIBBS CO., 222 Minn. 460 (1946)
25 N.W.2d 219 CHRIS BAKER v. MacGILLIS GIBBS COMPANY AND ANOTHER.[1] No. 34,233.Supreme Court of Minnesota. November 29, 1946. [1] Reported in 25 N.W.2d 219. Workmen’s compensation — proceeding for compensation — review — findings of industrial commission on fact question. 1. A finding by the industrial commission upon a question of fact will not […]
IN RE DISCIPLINARY ACTION AGAINST NELSON, 456 N.W.2d 269 (Minn. 1990)
In re Petition for DISCIPLINARY ACTION AGAINST James L. NELSON, an Attorney at Law of the State of Minnesota. No. C0-90-1280.Supreme Court of Minnesota. June 13, 1990. ORDER The above-entitled matter came before this court upon petition of the Lawyers Professional Responsibility Board, and The petitioner and respondent have entered into a stipulation as to […]
IN RE CIVIL COMMITMENT OF SCHMIDT, A10-1588 (Minn. 5-17-2011)
In the Matter of the Civil Commitment of: Ronald Erwin Schmidt. No. A10-1588.Supreme Court of Minnesota. Filed May 17, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
CITY OF MAHTOMEDI v. SPYCHALLA, 308 Minn. 429 (1976)
243 N.W.2d 31 CITY OF MAHTOMEDI v. DOMINIC SPYCHALLA. No. 45489.Supreme Court of Minnesota. May 21, 1976. Injunction — use to require termination of junkyard operation — propriety — effect of ordinance. Action in the Washington County District Court brought by the city of Mahtomedi to enjoin defendant from operating a junkyard and to require […]
GEORGE v. EVENSON, 754 N.W.2d 335 (Minn. 2008)
Jason GEORGE, Respondent, v. Daniel EVENSON, et al., Defendants, Auto-Owners Insurance Company, Appellant, Progressive Insurance Company, Respondent. No. A06-2133.Supreme Court of Minnesota. July 31, 2008. Appeal from the District Court, Hennepin County, Thomas W. Wexler, J. Page 336 Syllabus by the Court 1. The claimant’s arbitration award constituted a settlement subject to the notice requirements […]
STATE v. SYAS, A10-73 (Minn.App. 8-10-2010)
State of Minnesota, Respondent, v. Kevin Eugene Syas, Appellant. No. A10-73.Minnesota Court of Appeals. Filed August 10, 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 […]
ULRICH v. ULRICH, 400 N.W.2d 213 (Minn.App. 1987)
In re the Marriage of Doris E. ULRICH, n.k.a. Doris E. Cameron, Petitioner, Respondent, v. Mark J. ULRICH, Appellant. No. C2-86-1437.Minnesota Court of Appeals. February 3, 1987. Appeal from the District Court, Anoka County, Michael Roith, J. Page 214 Syllabus by the Court 1. A retroactive decrease in child support is not allowed if the […]
KORTHUIS v. SODERLING SONS, 218 Minn. 342 (1944)
16 N.W.2d 285 JOHANNA KORTHUIS v. SODERLING SONS.[1] No. 33,816.Supreme Court of Minnesota. October 20, 1944. [1] Reported in 16 N.W.2d 285. Workmen’s compensation — “employe” and “independent contractor” defined — “employe” within act. A servant is a person employed to perform service for another subject to the employer’s right of control with respect to […]
MATTER OF THE WELFARE OF D.C., 415 N.W.2d 915 (Minn.App. 1987)
In re the Matter of the WELFARE OF D.C., Child. No. C2-87-878.Minnesota Court of Appeals. December 8, 1987. Appeal from the County Court, Watonwan County, David R. Teigum, J. Syllabus by the Court A parent may not escape termination of parental rights by complaining that the count should have done more to assist him Page […]
IN MATTER OF THE WELFARE OF D.J.B., C3-02-731 (Minn.App. 1-17-2003)
In the Matter of the Welfare of: D.J.B., Juvenile. No. C3-02-731.Minnesota Court of Appeals. Filed January 17, 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 Scott […]
IN RE GUARDIANSHIP OF NELSON, 547 N.W.2d 105 (Minn.App. 1996)
In re the GUARDIANSHIP OF Blake Evert NELSON, Ward. No. C5-95-2086.Minnesota Court of Appeals. April 30, 1996. Appeal from District Court, Rice County; Hon. Gerald Wolf, Judge. Page 106 Syllabus by the Court Federal social security regulations preempt state law that prohibits a representative payee parent from using his or her child’s social security survivor […]
BORGESON v. BORGESON, 461 N.W.2d 402 (Minn.App. 1990)
In re the Matter of Virginia Ann BORGESON, Petitioner, Respondent, v. Charles Alden BORGESON, Appellant. No. C1-90-641.Minnesota Court of Appeals. October 23, 1990. Appeal from the District Court, Hennepin County, Mary D. Winter, J. Syllabus by the Court Maintenance recipient’s stipulation to “hereby waive any right to * * * further or additional temporary or […]
CRAWFORD v. STATE, A09-1373 (Minn. 10-19-2010)
Odell Depreist Crawford v. State. No. A09-1373.Supreme Court of Minnesota. Filed October 19, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
BERRY v. WALKER ROOFING CO., 473 N.W.2d 312 (Minn. 1991)
Christopher BERRY, Relator, v. (1) WALKER ROOFING COMPANY, (1) Home Insurance Company, (2) Daak Construction Company, (2) Farm Bureau Mutual Insurance Company, and (3) Special Compensation Fund, Respondents. No. C5-91-166.Supreme Court of Minnesota. August 9, 1991. Page 313 Syllabus by the Court 1. The average weekly wage for an employee in the construction industry is, […]
JENSVOLD v. KUNZ OIL CO., 190 Minn. 41 (1933)
250 N.W. 815 C. L. JENSVOLD v. KUNZ OIL COMPANY AND ANOTHER.[1] No. 29,539.Supreme Court of Minnesota. November 3, 1933. [1] Reported in 250 N.W. 815. Workmen’s compensation act — findings of industrial commission — review. The function of this court in reviewing orders of the industrial commission is that of review of their decisions […]
WING-PIU CHAN v. PAGODA, INC., 342 N.W.2d 174 (Minn.App. 1984)
WING-PIU CHAN, Relator, v. PAGODA, INC., Respondent, and Commissioner of Economic Security, Respondent. No. C3-83-1271.Minnesota Court of Appeals. January 11, 1984. Wing-Piu Chan, pro se. Pagoda, Inc., pro se. Hubert H. Humphrey, III, Atty. Gen., Peter C. Andrews, Sp. Asst. Atty. Gen., St. Paul, for Com’r of Economic Sec. Considered and decided by PARKER, P.J., […]
COSTLEY v. CAROMIN HOUSE, INC., 313 N.W.2d 21 (Minn. 1981)
Mitchell H. COSTLEY, et al., Appellants (81-279), v. CAROMIN HOUSE, INC., Respondent, City of Two Harbors, Respondent, and Lori Marie Osbakken, etc., et al., applicants for intervention, Appellants (81-403). Nos. 81-279, 81-403.Supreme Court of Minnesota. December 11, 1981. Appeal from the District Court, Lake County, David S. Bouschor, J. Page 22 Syllabus by the Court […]
WILLETTE v. SMITH, CX-97-1410 (Minn.App. 4-14-1998)
Althea Willette, et al., Appellants, v. Deborah J. Smith, et al., Respondents, Thomas A. Koepke, Respondent, Burnet Realty, Inc., Respondent, Penfield, Inc., Respondent, v. Thomas A. Koepke, third-party plaintiff, Respondent, v. Great Lakes Mortgage, a joint venture of TCF Mortgage Co., et al., third-party defendants, and Deborah J. Smith, et al., third-party plaintiffs, Respondents, v. […]
ALAMOE REALTY CO. v. MUTUAL TRUST L. INS. CO., 202 Minn. 457 (1938)
278 N.W. 902 ALAMOE REALTY COMPANY v. MUTUAL TRUST LIFE INSURANCE COMPANY.[1] No. 31,626.Supreme Court of Minnesota. April 8, 1938. [1] Reported in 278 N.W. 902. Frauds, statute of — oral unilateral contract for purchase of interest in land. An oral unilateral contract for the purchase of an interest in land is within the prohibition […]
STANGEL v. STANGEL, 366 N.W.2d 747 (Minn.App. 1985)
In Re the Marriage of Barbara J. STANGEL (Stier), petitioner, Respondent, v. Frank J. STANGEL, Appellant. No. CX-84-2041.Minnesota Court of Appeals. May 7, 1985. Appeal from the County Court, Hennepin County, Kenneth J. Gill, J. Page 748 Syllabus by the Court 1. Trial court did not err in finding appellant in constructive civil contempt for […]
JUHL v. NORTHWEST MANUFACTURING, INC., A05-2154 (Minn.App. 10-10-2006)
Nicholas D. Juhl, Relator, v. Northwest Manufacturing, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A05-2154.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, […]
LEWELLIN v. HUBER, 465 N.W.2d 62 (Minn. 1991)
James LEWELLIN, on Behalf of the HEIRS OF Chazdon LEWELLIN, deceased, and James Lewellin, individually, Respondents, v. Susan HUBER, et al., Petitioners, Appellants. No. C5-90-75.Supreme Court of Minnesota. January 25, 1991. Appeal from the District Court, Anoka County, Edward Bearse, J. Page 63 Syllabus by the Court As a matter of law there is no […]
IN RE DENIAL OF CERTIFICATION, A07-1932 (Minn.App. 12-9-2008)
In the Matter of the Denial of Certification of the Variance Granted to Robert W. Hubbard by the City of Lakeland. Nos. A07-1932, A07-2006.Minnesota Court of Appeals. Filed December 9, 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 […]
HUONDER v. SPECIALTY MFG. CO., A10-47 (Minn.App. 7-13-2010)
Joseph Huonder, Appellant, v. Specialty Mfg. Co., et al., Respondents. No. A10-47.Minnesota Court of Appeals. Filed July 13, 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 […]
CHARD v. DARLINGTON, 243 Minn. 489 (1955)
68 N.W.2d 405 ROY CHARD, SPECIAL ADMINISTRATOR OF ESTATE OF ELLIOTT B. VARNER, v. MARSHALL B. DARLINGTON AND OTHERS.[1] No. 36,412.Supreme Court of Minnesota. January 28, 1955. [1] Reported in 68 N.W.2d 405. Conversion — burden of proof. 1. In an action brought to recover personal property belonging to the estate of a deceased person, […]
STATE v. RONO, 324 N.W.2d 197 (Minn. 1982)
STATE of Minnesota, Respondent, v. Howard E. RONO, Appellant. No. 81-966.Supreme Court of Minnesota. August 31, 1982. Appeal from the District Court, Crow Wing County, Clinton Wyant, J. Page 198 Syllabus by the Court Evidence of defendant’s guilt was sufficient and trial court did not prejudicially err in refusing to submit lesser offense or in […]
ROE v. ROE, 402 N.W.2d 829 (Minn.App. 1987)
In re the Marriage of William H. ROE, Petitioner, Respondent, v. Anne Hunter ROE, Appellant. No. C3-86-1494.Minnesota Court of Appeals. March 31, 1987. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Syllabus by the Court Trial court did not abuse its discretion in dividing parties’ marital property. Patricia J. Hughes, St. Paul, for […]
ROBINSON v. ROBINSON, 355 N.W.2d 737 (Minn.App. 1984)
In re the Marriage of Sallee J. ROBINSON, petitioner, Respondent, v. Max B. ROBINSON, Appellant. No. C7-83-2021.Minnesota Court of Appeals. September 25, 1984. Appeal from the District Court, Hennepin County, Richard J. Kantorowicz, J. Page 738 Syllabus by the Court 1. Capitalization of earnings approach may be used for valuation of a small business in […]
LOSEN v. ALLINA HEALTH SYSTEM, 767 N.W.2d 703 (Minn.App. 2009)
Regina C. LOSEN, trustee for the heirs and next-of-kin of Deborah Miller, deceased, et al., Appellants, v. ALLINA HEALTH SYSTEM, d/b/a United Hospital, et al., Respondents, Minnesota Epilepsy Group, P.A., et al., Respondents. No. A08-1478.Minnesota Court of Appeals. July 7, 2009. Appeal from the District Court, Ramsey County, Kathleen R. Gearin, J. Page 704 SYLLABUS […]
ST. PAUL TRUST CO. v. U.S. CEREAL CO., 165 Minn. 252 (1925)
206 N.W. 385 ST. PAUL TRUST COMPANY v. UNITED STATES CEREAL COMPANY AND OTHERS.[1] No. 24,930.Supreme Court of Minnesota. December 11, 1925. [1] Reported in 206 N.W. 385. Mill machinery, sold conditionally as personal property and attached to realty, passed as realty when seller foreclosed its real estate mortgage for unpaid purchase price. 1. The […]
STATE EX REL. BOUZA v. GREGG, 435 N.W.2d 153 (Minn.App. 1989)
STATE of Minnesota, ex rel. Anthony V. BOUZA, individually and in his capacity as Chief of the Police Department of the City of Minneapolis, Minnesota, Relator, v. William J. GREGG, individually and in his capacity as the Commissioner of Minnesota Department of Veterans Affairs, Jeffrey E. Green, Respondents. No. C2-88-2060.Minnesota Court of Appeals. February 7, […]
BUTLER v. VOLT MANAGEMENT CORP., A04-2241 (Minn.App. 9-27-2005)
Thomas J. Butler, Relator v. Volt Management Corp, Respondent; Department of Employment and Economic Development, Respondent. No. A04-2241.Minnesota Court of Appeals. September 27, 2005. Department of Employment and Economic Development. RECENT ORDER OPINION EDWARD TOUSSAINT, JR., Chief Judge Affirmed.
IN RE ESTATE OF McCARTHY, A03-1183 (Minn.App. 4-27-2004)
In re Estate of James McCarthy. No. A03-1183.Minnesota Court of Appeals. Filed April 27, 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, Dakota County, […]
STATE v. LOVE, 301 Minn. 484 (1974)
221 N.W.2d 131 STATE v. FRED LOVE, JR. No. 43852.Supreme Court of Minnesota. August 9, 1974. Criminal law — charge of unlawful possession of narcotics — admissibility — weapon — narcotics paraphernalia. Appeal by Fred Love, Jr., from a judgment of the Hennepin County District Court, Donald T. Barbeau, Judge, whereby he was convicted of […]
CITY LOAN FINANCE CO. v. FITCH, 265 Minn. 271 (1963)
121 N.W.2d 181 CITY LOAN FINANCE COMPANY v. HARRY FITCH. No. 38,895.Supreme Court of Minnesota. April 19, 1963. Process — service on party represented by attorney. Service on a party represented by an attorney must be made on the attorney unless the court orders otherwise. Such service may be made by delivering a copy to […]
NATIONAL SURETY CO. v. BECKLUND, 169 Minn. 177 (1926)
210 N.W. 882 NATIONAL SURETY COMPANY v. L.R. BECKLUND AND OTHERS.[1] No. 25,553.Supreme Court of Minnesota. November 19, 1926. [1] Reported in 210 N.W. 882. Surety is entitled to contribution from cosureties after paying more than his proportion of liability. 1. A surety who has paid more than his proportion of the liability is entitled […]
THELEN v. BRAINERD NAT. BANK, 360 N.W.2d 353 (Minn.App. 1984)
Margaret THELEN, Appellant, v. BRAINERD NATIONAL BANK, Respondent. No. C9-84-863.Minnesota Court of Appeals. December 18, 1984. Appeal from the District Court, Crow Wing County, Clinton W. Wyant, J. Page 354 Syllabus by the Court The trial court has jurisdiction to provide relief from an otherwise final judgment where interests in registered land are disputed in […]
IN RE ESTATE OF ENYART, 180 Minn. 256 (1930)
230 N.W. 781 IN RE ESTATE OF KATHERINE ENYART. ISABELLE LANE AND ANOTHER, CONTESTANTS. MINNESOTA LOAN TRUST COMPANY AND ANOTHER, PROPONENTS.[1] No. 27,663.Supreme Court of Minnesota. May 2, 1930. [1] Reported in 230 N.W. 781. Jury trial in will case within discretion of district court. 1. On appeal to the district court from an order […]
WILLIAMS v. RIGHT STEP ACADEMY, 607 N.W.2d 482 (Minn.App. 2000)
Kathy Y. Williams, Relator, v. Right Step Academy (Corp), Respondent, Commissioner of Economic Security, Respondent. No. C3-99-1222.Minnesota Court of Appeals. March 28, 2000. Appeal from the Department of Economic Security, File No. 2693 UC 99. Page 483 Affirmed. SYLLABUS Once an employer has shown that an employee has voluntarily quit, the burden shifts to the […]
GRABOW v. STATE, A07-2348 (Minn.App. 1-13-2009)
Jason P. Grabow, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-2348.Minnesota Court of Appeals. Filed: January 13, 2009. Appeal from the District Court, Olmsted County, Hon. Judge Jodi L. Williamson. RECENT ORDER OPINIONS LAWRENCE T. COLLINS, Judge.[*] [*] Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by […]
FOTOPOULOS v. BIRKELAND, 273 Minn. 284 (1966)
141 N.W.2d 27 JOHN FOTOPOULOS AND OTHERS v. LIONEL BIRKELAND AND OTHERS. No. 40,269.Supreme Court of Minnesota. March 4, 1966. Venue — change of venue — action brought in county where cause of action arose. Where plaintiffs’ action sought recovery of the price paid for stock allegedly sold them under fraudulent misrepresentations, and it appears […]
IN RE THE MARRIAGE OF ROBERT v. ZYGMUNT, 652 N.W.2d 537 (Minn.App. 2002)
Janet Marie Robert, petitioner, Respondent, v. John Anthony Zygmunt, Appellant. No. C7-02-67Minnesota Court of Appeals. Filed: October 8, 2002. Appeal from the District Court, County, File No. F3995492 Page 538 SYLLABUS 1. For purposes of property division in a dissolution case, a party’s nonmarital remainder interest in an inheritance trust does not become divisible marital […]