Jean Marie YUNKER, as trustee for the heirs and next-of-kin of Kathleen M. Nesser, Appellant, v. HONEYWELL, INC., a Delaware Corporation, Respondent. No. C5-92-1649.Minnesota Court of Appeals. March 2, 1993. Review Denied April 20, 1993. Appeal from the District Court, Hennepin County, H. Peter Albrecht, J. Page 420 Syllabus by the Court In a wonderful […]
Category: Minnesota Court Opinions
MOELLER v. SERVICE PLUMBING HEATING, 482 N.W.2d 782 (Minn. 1992)
William G. MOELLER, deceased employee, by Phyllis MOELLER, Relator, v. SERVICE PLUMBING HEATING and Transamerica Insurance Co., Respondents. No. C1-91-1881.Supreme Court of Minnesota. April 3, 1992. Syllabus by the Court Workers’ compensation inflation adjustment measure, Minn.Stat. § 176.645 (1990), operates to adjust dependency benefits, payable under Minn.Stat. § 176.111, subd. 6 (1990), retroactively to the […]
RESHETAR v. RESHETAR, 310 Minn. 563 (1976)
246 N.W.2d 846 CAROL C. RESHETAR v. GARY D. RESHETAR. GARY D. RESHETAR v. CAROL C. RESHETAR AND OTHERS., No. 46026.Supreme Court of Minnesota. October 22, 1976. Appeal and error — review — findings of trial court — propriety of declaratory judgment. Following proceedings in the Hennepin County District Court wherein Gary D. Reshetar and […]
STATE v. RUST, A08-1590 (Minn. 10-20-2009)
State v. Douglas Allen Rust. No. A08-1590.Supreme Court of Minnesota. Filed October 20, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
STATE v. JOHANNECK, A03-671 (Minn.App. 5-18-2004)
State of Minnesota, Respondent, v. Timothy Lenus Johanneck, Appellant. No. A03-671.Minnesota Court of Appeals. Filed May 18, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
CLARK v. JOHNSON BROS. CONST., 370 N.W.2d 896 (Minn.App. 1985)
Robert Eugene CLARK, Appellant, v. JOHNSON BROTHERS CONSTRUCTION, Donald Merlin Jensen, Respondents. No. C3-84-1667.Minnesota Court of Appeals. July 9, 1985. Review Denied September 19, 1985. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 897 Syllabus by the Court 1. Repeated reference to a plaintiff’s health insurance coverage by defense counsel is […]
SCHLINK v. COMMR. OF PUBLIC SAFETY, C2-02-2051 (Minn.App. 7-15-2003)
Steven Dale Schlink, petitioner, Appellant v. Commissioner of Public Safety, Respondent. No. C2-02-2051.Minnesota Court of Appeals. Filed July 15, 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 […]
SKOG v. POMUSH, 219 Minn. 322 (1945)
17 N.W.2d 641 LOUIS SKOG v. M. POMUSH, d.b.a.MOOSE LAKE SHOE CLOTHING COMPANY.[1] No. 33,905.Supreme Court of Minnesota. February 16, 1945. [1] Reported in 17 N.W.2d 641. New trial — newly discovered evidence — discretion of trial court. A motion for a new trial on the ground of newly discovered evidence is addressed to the […]
HOLMEN v. MILLER, 296 Minn. 99 (1973)
206 N.W.2d 916 ROBERT V. HOLMEN v. MELVIN J. MILLER. No. 44121.Supreme Court of Minnesota. April 20, 1973. Elections — contest — service of process on 13-year-old — sufficiency. 1. Whether contestee’s 13-year-old daughter was a person of suitable age and discretion with whom to leave the notice of contest at contestee’s usual place of […]
STATE v. FINDLEY, A07-1409 (Minn.App. 11-4-2008)
State of Minnesota, Respondent, v. Aaron Findley, Appellant. No. A07-1409.Minnesota Court of Appeals. Filed: November 4, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District Court, […]
IN RE ESTATE OF PLOETZ, 194 Minn. 434 (1935)
260 N.W. 517 IN RE ESTATE OF AUGUST C. PLOETZ. HENRY PLOETZ, RESPONDENT.[1] No. 30,373.Supreme Court of Minnesota. May 3, 1935. [1] Reported in 260 N.W. 517. Will — establishment — evidence as to execution and genuineness. Deceased executed an instrument alleged to be his last will and testament. He was 81 years of age, […]
MACHO v. MAHOWALD, 374 N.W.2d 312 (Minn.App. 1985)
Gary MACHO, Appellant, v. Bernard MAHOWALD, Respondent. No. C5-85-398.Minnesota Court of Appeals. September 17, 1985. Review Denied November 4, 1985. Appeal from the Scott County District Court, Thomas R. Lacy, J. Page 313 Syllabus by the Court 1. Evidence that a horse had previously bolted and that the rider had jumped or fallen off was […]
ANDERSON v. POLICE CIVIL SERVICE COM’N, 398 N.W.2d 640 (Minn.App. 1987)
Russell W. ANDERSON, Appellant, v. POLICE CIVIL SERVICE COMMISSION OF the CITY OF WILLMAR, et al., Respondents. No. C4-86-1598.Minnesota Court of Appeals. January 6, 1987. Review Granted March 13, 1987. Appeal from the District Court, Kandiyohi County, Keith C. Davison, J. Syllabus by the Court Trial court erred in sustaining Police Civil Service Commission’s recommendation […]
PESCHONG v. AMCO INS. CO., C4-98-1882 (Minn.App. 3-30-1999)
Essie Peschong, Respondent, v. AMCO Insurance Company, Appellant. No. C4-98-1882.Minnesota Court of Appeals. Filed March 30, 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 Court, […]
MILLS v. CHARLSON, 201 Minn. 167 (1937)
275 N.W. 609 FLORENCE MILLS v. MABELLE F. CHARLSON.[1] No. 31,301.Supreme Court of Minnesota. November 5, 1937. [1] Reported in 275 N.W. 609. Bills and notes — negotiability — demand note. 1. A note which on its face does not, as to the principal, fix the due date, but reads, “after date, for value received, […]
STATE v. JONES, A05-643 (Minn. 5-16-2006)
State v. Jela DeShawn Jones. No. A05-643.Supreme Court of Minnesota. Filed May 16, 2006. Order on petition for further review. Denied.
MARTINSON v. MICRO VOICE APPLICATIONS, C7-96-26 (Minn.App. 7-23-1996)
KELLY M. MARTINSON, Relator, v. MICRO VOICE APPLICATIONS, INC., Respondent, COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C7-96-26.Minnesota Court of Appeals. Filed July 23, 1996. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. DAVIS, 393 N.W.2d 179 (Minn. 1986)
STATE of Minnesota, Petitioner, Appellant, v. Russell Joseph DAVIS, Respondent. No. C0-85-1796.Supreme Court of Minnesota. September 19, 1986. Appeal from the Municipal Court, Ramsey County, William J. Fleming, J. Page 180 Syllabus by the Court Police officer properly stopped motor vehicle on the basis of anonymous tip that driver had just driven through red light; […]
FARMERS MERCHANTS ST. BK. v. NAT. SUR. CO., 163 Minn. 257 (1925)
203 N.W. 969 FARMERS MERCHANTS STATE BANK v. NATIONAL SURETY COMPANY.[1] No. 24,583.Supreme Court of Minnesota. May 15, 1925. [1] Reported in 203 N.W. 969. Complaint and answer did not raise issue. 1. The complaint did not show the action to be premature, and the answer did not raise that issue, but denied all liability […]
MARKET AMERICAN CORP. v. REINERT, A06-693 (Minn.App. 3-20-2007)
Market America Corporation, Respondent, v. Jeff Reinert, et al., Respondents, Edina Realty, Inc., Appellant. No. A06-693.Minnesota Court of Appeals. Filed March 20, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
PETITION OF FOSSEN FOSSEN, C3-98-1906 (Minn.App. 8-3-1999)
Petition of Justin Lee Fossen and Amy Jo Fossen, his wife, to adopt M.E.F., child. No. C3-98-1906.Minnesota Court of Appeals. Filed August 3, 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. […]
STATE v. WILLIS, 376 N.W.2d 427 (Minn. 1985)
STATE of Minnesota, Respondent, v. Samuel Kenneth WILLIS, Petitioner, Appellant. No. CX-84-1231.Supreme Court of Minnesota. November 15, 1985. Appeal from the District Court, Hennepin County, Michael J. Davis, J. Syllabus by the Court A defendant charged with a crime in Minnesota and held in custody in another state at request of Minnesota authorities is not […]
STATE v. B.V.M., A06-223 (Minn.App. 11-7-2006)
State of Minnesota, Respondent, v. B.V.M., Appellant. No. A06-223.Minnesota Court of Appeals. Filed November 7, 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, Dakota […]
STATE v. BERGREN, C0-00-1329 (Minn.App. 6-12-2001)
State of Minnesota, Respondent, vs. Joel Ryan Bergren, Appellant. No. C0-00-1329.Minnesota Court of Appeals. Filed June 12, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
MUCHA v. MUCHA, 411 N.W.2d 245 (Minn.App. 1987)
In re the Marriage of David M. MUCHA, petitioner, Respondent, v. Deborah L. MUCHA, Appellant. No. C9-87-103.Minnesota Court of Appeals. September 1, 1987. Appeal from the District Court, Freeborn County, William R. Sturtz, J. Syllabus by the Court The trial court erred in failing to deduct the cost of dependent health coverage from respondent’s net […]
MINNEAPOLIS STAR TRIBUNE v. H. R. A., 310 Minn. 313 (1976)
251 N.W.2d 620 MINNEAPOLIS STAR AND TRIBUNE COMPANY AND OTHERS v. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MINNEAPOLIS AND OTHERS. No. 46245.Supreme Court of Minnesota. September 17, 1976. Open Meeting Law — effect on attorney-client privilege — when privilege should be invoked by public officers. The Minnesota Open Meeting Law, […]
IN RE GETSUG, 290 Minn. 110 (1971)
186 N.W.2d 686 IN RE BERTRAM GETSUG. STATE BOARD OF REGISTRATION FOR ARCHITECTS, ENGINEERS, AND LAND SURVEYORS v. BERTRAM GETSUG. No. 42239.Supreme Court of Minnesota. April 16, 1971. Administrative law — agency acting in judicial or quasi-judicial capacity — standing to appeal court order reversing administrative determination. 1. In the absence of a statute authorizing […]
STATE MUTUAL LIFE ASSUR. CO. v. FRANTZ KLODT SON, 306 Minn. 249 (1975)
237 N.W.2d 354 STATE MUTUAL LIFE ASSURANCE COMPANY OF AMERICA v. FRANTZ KLODT SON, INC., AND OTHERS. Nos. 45727, 45749.Supreme Court of Minnesota. November 21, 1975. Receivers — action to foreclose mortgage and enforce assignment of rents — denial of application for receiver pendente lite — propriety. Action in the Hennepin County District Court brought […]
SANCHEZ-DIAZ v. STATE, 758 N.W.2d 843 (Minn. 2008)
Sergio SANCHEZ-DIAZ, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A08-58.Supreme Court of Minnesota. December 24, 2008. Appeal from the District court, McLeod County, Terrence E. Conkel, J. Page 844 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 845 SYLLABUS When a […]
STATE v. DAHLGREN, 259 Minn. 307 (1961)
107 N.W.2d 299 STATE v. GERALD N. DAHLGREN. No. 38,212.Supreme Court of Minnesota. January 20, 1961. Criminal law — appeal — application by indigent defendant for counsel. 1. Where, upon an application for appointment of counsel to assist an indigent defendant upon an appeal from a conviction of crime, it appears from an examination of […]
STATE v. WALTERS, 262 Minn. 26 (1962)
113 N.W.2d 468 STATE v. HENRY F. WALTERS. No. 38,087.Supreme Court of Minnesota. February 9, 1962. Criminal law — identification of accused — sufficiency. 1. Although a witness is not positive and certain in his identification of a person charged with a crime, if he has had sufficient opportunity to observe the accused in the […]
RINKENBERGER v. CITY OF CLEARWATER, C5-98-563 (Minn.App. 9-1-1998)
Marshall Rinkenberger, Relator, v. City of Clearwater, Respondent. No. C5-98-563.Minnesota Court of Appeals. Filed September 1, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the Clearwater City […]
RAYGOR v. UNIVERSITY OF MINNESOTA, CX-99-1069 (Minn. 7-28-1999)
Lance Raygor and James Goodchild v. University of Minnesota. No. CX-99-1069 and C1-99-1140.Supreme Court of Minnesota. July 28, 1999. Denied
HEMINGWAY v. HEMINGWAY, 383 N.W.2d 697 (Minn.App. 1986)
In re the Marriage of Karen Louise HEMINGWAY, Petitioner, Respondent, v. David Arthur HEMINGWAY, Appellant. No. C9-85-1554.Minnesota Court of Appeals. March 11, 1986. Appeal from the District Court, Mower County, Paul Kimball, Jr., J. Page 698 Syllabus by the Court 1. The trial court did not err when it failed to determine the fair market […]
THOMAS v. FEY, 376 N.W.2d 266 (Minn.App. 1985)
Linda THOMAS, Petitioner, Respondent, v. Gary FEY, Appellant. No. C5-85-773.Minnesota Court of Appeals. November 5, 1985. Appeal from the District Court, Hennepin County, Mary D. Winter, Referee. Page 267 Syllabus by the Court 1. Appellant was not denied due process by default adjudication of paternity. 2. Trial court did not err in applying default sanction. […]
STATE v. WILSON, A09-1884 (Minn.App. 7-13-2010)
State of Minnesota, Respondent, v. Morgan Terrett Wilson, Appellant. No. A09-1884.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 District […]
ROTHMEIER v. INVESTMENT ADVISERS, INC., 556 N.W.2d 590 (Minn.App. 1996)
Steven G. ROTHMEIER, Appellant, v. INVESTMENT ADVISERS, INC., et al., Respondents. No. C3-96-1089.Minnesota Court of Appeals. December 17, 1996. Review Denied February 26, 1997. Appeal from the District Court, Hennepin County, E. Anne McKinsey, J. Page 591 Syllabus by the Court 1. An employee’s investigation of suspected unlawful activities that employer was already investigating did […]
DULUTH SUPERIOR ERECT. v. CONCRETE RESTOR., 665 N.W.2d 528 (Minn.App. 2003)
Duluth Superior Erection, Inc., Respondent, v. Concrete Restorers, Inc., et al., Appellants. No. C1-02-1831.Minnesota Court of Appeals. Filed: July 15, 2003. Appeal from the District Court, St. Louis County, File No. C1-02-601094. Page 529 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]
MOLLOY v. MEIER, 660 N.W.2d 444 (Minn.App. 2003)
Kimberly A. Molloy, et al., Respondents, v. Diane M. Meier, M.D., et al., Appellants (C9-02-1821), Respondents (C2-02-1837), Reno E. Backus, M.D., et al., Defendants (C9-02-1821), Appellants (C2-02-1837), North Memorial Health Care d/b/a North Memorial Medical Center, Defendant (C2-02-1837). Nos. C9-02-1821, C2-02-1837.Minnesota Court of Appeals. Filed: May 6, 2003. Appeal from the District Court, Hennepin County, […]
MINNESOTA TWINS PARTNERSHIP v. STATE, 592 N.W.2d 847 (Minn. 1999)
Minnesota Twins Partnership, petitioner, Appellant, Milwaukee Brewers Baseball Club, Limited Partnership, et al., petitioners, Appellants, v. State of Minnesota, by Michael A. Hatch, its Attorney General, Respondent. No. C9-98-890.Supreme Court of Minnesota. Filed: April 29, 1999. Page 848 Appealed from Office of Appellate Courts. SYLLABUS The business of professional baseball is exempt from federal and […]
MARTIN v. COMMON SCHOOL DIST. NO. 3, 163 Minn. 427 (1925)
204 N.W. 320 HAROLD MARTIN v. COMMON SCHOOL DISTRICT NO. 3, RAMSEY COUNTY.[1] No. 24,684.Supreme Court of Minnesota. June 12, 1925. [1] Reported in 204 N.W. 320. Contracts with teachers in common school district. 1. In a common school district the board is the exclusive body to make teachers’ contracts. Same. 2. Such boards can […]
FIDELITY-PHILADELPHIA TRUST CO. v. BROWN, 181 Minn. 392 (1930)
232 N.W. 740 FIDELITY-PHILADELPHIA TRUST COMPANY v. HAROLD P. BROWN AND OTHERS.[1] No. 27,996.Supreme Court of Minnesota. October 24, 1930. [1] Reported in 232 N.W. 740. Rule of Radel case overruled as to review of orders when all original files are returned to this court. 1. In reviewing orders of the trial court made pursuant […]
FIRST NAT. BANK OF BRECKENRIDGE v. SCHRODER, 175 Minn. 341 (1928)
221 N.W. 62 FIRST NATIONAL BANK OF BRECKENRIDGE v. RICHARD SCHRODER.[1] No. 26,826.Supreme Court of Minnesota. September 28, 1928. [1] Reported in 221 N.W. 62. When maker of note cannot testify as to conversations with third person in reference to it. 1. In an action by the holder thereof, the maker of a note and […]
PETERSON v. LANDMARK COMMUNITY BANK, A03-883 (Minn.App. 4-6-2004)
Jessie L. Peterson, Relator, v. Landmark Community Bank, Respondent, Commissioner of Employment and Economic Development, Respondent. No. A03-883.Minnesota Court of Appeals. Filed April 6, 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, […]
HENNEPIN CTY. AMB. ASS’N v. HENNEPIN CTY., 394 N.W.2d 206 (Minn.App. 1986)
HENNEPIN COUNTY AMBULANCE DRIVERS ASSOCIATION, Appellant, v. COUNTY OF HENNEPIN, and Hennepin County Medical Center, Respondents. No. C3-86-622.Minnesota Court of Appeals. October 7, 1986. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Syllabus by the Court The trial court properly vacated the arbitrator’s award because the arbitrator exceeded the scope of his […]
GOFF v. GOFF, 388 N.W.2d 28 (Minn.App. 1986)
In re the Marriage of Nancy Jane GOFF, Petitioner, Respondent, v. Thomas Leonard GOFF, Appellant. No. CX-86-35.Minnesota Court of Appeals. June 3, 1986. Appeal from the County Court, Dakota County, George Hoey, J. Page 29 Syllabus by the Court 1. The trial court did not abuse its discretion in denying appellant’s motion to reduce his […]
NEUMANN v. GRAVING, A08-1719 (Minn. 9-16-2009)
Thomas Neumann v. Wayne Graving, et al. No. A08-1719.Supreme Court of Minnesota. Filed September 16, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. PALMER, 358 N.W.2d 737 (Minn.App. 1984)
STATE of Minnesota, Petitioner, Appellant, v. E. Dale PALMER, in his official capacity as Sherburne County Auditor, and Lois E. Reicken, in her official capacity as Sherburne County Treasurer, Respondents. No. C1-84-887.Minnesota Court of Appeals. December 11, 1984. Appeal from the District Court, Sherburne County, Kim Johnson, J. Page 738 Syllabus by the Court The […]
STATE v. PINCE, 358 N.W.2d 435 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. Donald Michael Albin PINCE, Appellant. No. C3-84-907.Minnesota Court of Appeals. November 27, 1984. Appeal from the District Court, Washington County, Esther Tomljanovich, J. Page 436 Syllabus by the Court Defendant’s consecutive sentence was a durational departure from the Minnesota Sentencing Guidelines because it was calculated using a criminal history score […]
CITY OF RAMSEY, v. HOLMBERG, 548 N.W.2d 302 (Minn.App. 1996)
CITY OF RAMSEY, Respondent, v. Arnold HOLMBERG, Appellant. No. C5-95-2346.Minnesota Court of Appeals. May 28, 1996. Review Denied August 6, 1996. Appeal from the District Court, Anoka County, Ellen L. Maas, J. Page 303 Syllabus by the Court 1. This court will not address an issue decided adversely to a respondent if the respondent fails […]
IN RE DISBARMENT OF WILLIAM BAUER, 167 Minn. 350 (1926)
209 N.W. 31 IN RE DISBARMENT OF WILLIAM BAUER.[1] No. 24,804.Supreme Court of Minnesota. May 28, 1926. [1] Reported in 209 N.W. 31. Evidence required disbarment of attorney. Respondent’s admission to the bar was procured upon a petition wherein he represented that his name was William Bauer when in truth it was Edward Warszawski. Under […]
THOMMES v. MILWAUKEE MUTUAL INS. CO., 622 N.W.2d 155 (Minn.App. 2001)
John Thommes, individually and d/b/a Thommes Thomas Land Clearing, Appellant, vs. Milwaukee Mutual Insurance Company, Respondent. No. C9-00-1393.Minnesota Court of Appeals. Filed February 13, 2001. Scott County District Court, File No. C199922166 Page 156 SYLLABUS Business risk exclusions 2j(5) and 2j(6) in standard commercial general liability insurance policies do not apply to claims arising from […]
STATE v. SCHANTZEN, 308 N.W.2d 484 (Minn. 1981)
STATE of Minnesota, Respondent, v. Kevin John SCHANTZEN, Appellant. No. 81-376.Supreme Court of Minnesota. July 15, 1981. Appeal from the District Court, Olmsted County, O. Russell Olson, J. Page 485 Barry V. Voss, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., St. Paul, DeWayne P. Mattson, Rochester, for respondent. Considered and decided by the court en […]
LOOK v. PACT CHARTER SCHOOL, 763 N.W.2d 675 (Minn.App. 2009)
Matthew J. LOOK on behalf of his minor son, John P. Dehen on behalf of his minor daughter, and Matthew J. Look and John P. Dehen on behalf of those City of Ramsey residents similarly situated, Appellants, v. PACT CHARTER SCHOOL, Respondent. No. A08-1114.Minnesota Court of Appeals. April 7, 2009. Page 676 Appeal from the […]
TADLOCK v. TADLOCK, C9-00-776 (Minn.App. 12-12-2000)
Elizabeth Ann Tadlock, petitioner, Respondent, vs. Thomas Raymond Tadlock, Appellant. No. C9-00-776.Minnesota Court of Appeals. Filed December 12, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]
IN RE CHARGES OF UNPROF. COND. AGAINST N.P., 361 N.W.2d 386 (Minn. 1985)
In re CHARGES OF UNPROFESSIONAL CONDUCT AGAINST N.P. Nos. C4-84-981, CO-84-1223.Supreme Court of Minnesota. January 25, 1985. Page 387 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 388 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]
CRISTESCU v. McGOWAN, A06-2455 (Minn.App. 11-20-2007)
Ica Cristescu, Appellant, v. Dr. Michael McGowan, Respondent. No. A06-2455.Minnesota Court of Appeals. Filed November 20, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District Court, […]
STATE v. BISHOP, A07-1435 (Minn.App. 6-23-2009)
State of Minnesota, Respondent, v. Elmer Bishop, Appellant, and Elmer Elwyn Bishop, petitioner, Appellant, v. State of Minnesota, Respondent. Nos. A07-1435, A08-1339.Minnesota Court of Appeals. Filed June 23, 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 […]
IN RE WYATT ORENDORF, C2-02-1241 (Minn.App. 3-11-2003)
In re: Wyatt Orendorf, petitioner, Respondent, v. Tammy Orendorf, Appellant. No. C2-02-1241.Minnesota Court of Appeals. Filed March 11, 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 […]
BOARD OF EDUCATION v. HOUGHTON, 181 Minn. 576 (1930)
233 N.W. 834 BOARD OF EDUCATION OF CITY OF MINNEAPOLIS AND OTHERS v. JAMES G. HOUGHTON.[1] No. 27,974.Supreme Court of Minnesota. December 5, 1930. [1] Reported in 233 N.W. 834. Approval of Minneapolis planning commission not required as to school building. Chapter XIII of the home rule charter of the city of Minneapolis, conferring certain […]
HERRLY v. MUZIK, 362 N.W.2d 335 (Minn. 1985)
Kenneth R. HERRLY, Appellant, v. Steven John MUZIK, Respondent, Floyd A. Eastlund, et al., Respondents, Edghar J. Paine, et al., Respondents, Jerome and Linda Miller, et al., Defendants. No. C1-84-307.Supreme Court of Minnesota. February 15, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Floyd […]
BELLMAN v. BECK, 164 Minn. 504 (1925)
205 N.W. 636 OTTO H. BEELMAN AND ANOTHER v. MAX H. BECK AND ANOTHER.[1] No. 24,824.Supreme Court of Minnesota. October 23, 1925. [1] Reported in 205 N.W. 636. Application denied for vacation of judgment entered on substituted service. Application under section 9236, G.S. 1923, to have a judgment rendered against a nonresident on substituted service […]
ST. PAUL MERCURY INDEMNITY CO. v. KNOPH, 251 Minn. 366 (1958)
87 N.W.2d 636 ST. PAUL MERCURY INDEMNITY COMPANY AND ANOTHER v. MAURICE A. KNOPH. No. 37,181.Supreme Court of Minnesota. January 31, 1958. Insurance — automobile liability insurance — suspended coverage while automobile used as public conveyance. 1. Where a policy of liability and collision insurance contains a clause that the insuring agreements shall not apply […]
STATE v. NORTHWEST AIRLINES, INC., 213 Minn. 395 (1942)
7 N.W.2d 691 STATE v. NORTHWEST AIRLINES, INC.[1] No. 33,176.Supreme Court of Minnesota. December 18, 1942. [1] Reported in 7 N.W.2d 691. Constitution — due process of law — taxation — jurisdiction to impose. 1. A tax by a state without jurisdiction to impose it is unconstitutional as a violation of due process. Court — […]
ASKILDSON v. COMMISSIONER OF PUB. SAFETY, 403 N.W.2d 674 (Minn.App. 1987)
Rick Marven ASKILDSON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C9-86-1872.Minnesota Court of Appeals. April 7, 1987. Review Denied May 28, 1987. Appeal from the District Court, Dakota County, John J. Daly, J. Page 675 Syllabus by the Court 1. The Commissioner did not exceed his authority or act in an arbitrary and […]
IN PETITION FOR DISCIPLINARY ACTION, SCHAEFER, 673 N.W.2d 144 (Minn. 2004)
In re Petition for Disciplinary Action Against Robert J. Schaefer, a Minnesota Attorney, Registration No. 96271. A03-1980.Supreme Court of Minnesota. January 7, 2004. ORDER PAUL H. ANDERSON Associate Justice The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Robert J. Schaefer has committed professional misconduct […]
DAVIS v. FARMERS UNION GRAIN TERM. ASS’N, 277 N.W.2d 213 (Minn. 1979)
Bud Wayne DAVIS, Appellant, Suzanne M. Davis, his wife, Plaintiff, v. FARMERS UNION GRAIN TERMINAL ASSOCIATION, Respondent. No. 48633.Supreme Court of Minnesota. March 23, 1979. Appeal from the District Court, St. Louis County, C.L. Eckman, J. Page 214 Courtney, Gruesen Petersen and James J. Courtney, III, Duluth, for appellant. Donovan Harper and Charles T. Barnes, […]
INTERNATIONAL FINANCIAL SERV. v. FRANZ, 515 N.W.2d 379 (Minn.App. 1994)
INTERNATIONAL FINANCIAL SERVICES, INC., Plaintiff, v. Allen J. FRANZ, et al., Defendants and Third-Party Plaintiffs, Respondents, v. GERBER SCIENTIFIC INSTRUMENT CO., Third-Party Defendant, Appellant. No. C5-93-1550.Minnesota Court of Appeals. May 3, 1994. Review Granted June 29, 1994. Appeal from the District Court, Hennepin County, Marilyn B. Rosenbaum, J. Page 380 [EDITORS’ NOTE: THIS PAGE CONTAINS […]
LUNDY v. COMM. OF MN. DEPT. OF HUMAN SER., C2-01-15 (Minn.App. 6-26-2001)
Kara Jane Lundy, Relator, vs. Commissioner of Minnesota Department of Human Services, Licensing Division, Respondent. No. C2-01-15.Minnesota Court of Appeals. Filed June 26, 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. […]
STATE v. ABDELDAIM, CX-01-442 (Minn.App. 11-6-2001)
State of Minnesota, Respondent, v. Todi Mohammed Abdeldaim, Appellant. No. CX-01-442.Minnesota Court of Appeals. Filed November 6, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
IN RE CUSTODY OF E.A.Q.D., 405 N.W.2d 262 (Minn.App. 1987)
In re the CUSTODY OF E.A.Q.D. and T.L.D. Avis and John SIMPSON, Petitioners, Appellants, v. Broderick Lee WALKER, Edward Louis Adams, Mary Dabney, Ramsey County Community Human Services Department, intervenor, Respondents. No. C3-86-1365.Minnesota Court of Appeals. May 5, 1987. Appeal from the Ramsey County District Court, Charles A. Flinn, Jr., J. Syllabus by the Court […]
GLEN LEWY 1990 TRUST v. INVESTMENT ADVISORS, 650 N.W.2d 445 (Minn.App. 2002)
Glen Lewy 1990 Trust, By Its Trustees Cheryl Lewy and Janice Winter, on behalf of the Class described in the Amended Complaint, Appellants, v. Investment Advisors, Inc., et al., Respondents. No. C6-02-416.Minnesota Court of Appeals. Filed: September 3, 2002. Appeal from the District Court, Hennepin County, File No. CT0017047. Page 446 [EDITORS’ NOTE: THIS PAGE […]
STATE v. SUOMALAINEN, CX-00-1788 (Minn.App. 7-17-2001)
State of Minnesota, Respondent, vs. John Michael Suomalainen, Appellant. No. CX-00-1788.Minnesota Court of Appeals. Filed July 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 District […]
STATE v. FOSTER, C5-99-105 (Minn.App. 6-1-1999)
STATE OF MINNESOTA, Appellant, v. NEIL CHARLES FOSTER, Respondent, HOPE RANAE WILSON, Respondent. No. C5-99-105, K4-98-857, K6-98-858.Minnesota Court of Appeals. Filed June 1, 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. […]
CHAFOULIAS v. PETERSON, 668 N.W.2d 642 (Minn. 2003)
Gus A. Chafoulias, Appellant, vs. Lori C. Peterson, Respondent, American Broadcasting Companies, Inc., a Delaware corporation, Respondent. No. C2-01-1617.Supreme Court of Minnesota. Filed: August 14, 2003. Rehearing Granted September 17, 2003. Appeal from the Minnesota Court of Appeals. Dissenting, Anderson, R.A., J. Page 643 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
STATE v. HAIDER, C3-02-2124 (Minn.App. 10-21-2003)
State of Minnesota, Respondent, vs. John Haider, Appellant. No. C3-02-2124.Minnesota Court of Appeals. Filed October 21, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District Court, […]
IN RE PATERNITY OF D.A.C. v. CARLSGAARD, C8-97-1793 (Minn.App. 3-3-1998)
In Re the Paternity of: D.A.C., Paula L. Engebretson, Respondent, v. Martie A. Carlsgaard, Appellant. No. C8-97-1793.Minnesota Court of Appeals. Filed March 3, 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. […]
STATE v. BANNIE, C9-99-1970 (Minn.App. 8-15-2000)
State of Minnesota, Respondent, v. Edward Joseph Bannie, Appellant. No. C9-99-1970.Minnesota Court of Appeals. Filed August 15, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the District […]
IN RE BROMANDER, 750 N.W.2d 299 (Minn. 2008)
In re Petition for DISCIPLINARY ACTION AGAINST Bruce C. BROMANDER, a Minnesota Attorney, Registration No. 11800. No. A08-844.Supreme Court of Minnesota. June 10, 2008. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition Page 300 for disciplinary action alleging that respondent Bruce C. Bromander committed professional misconduct warranting public discipline, […]
STATE v. BOERNER, 279 Minn. 490 (1968)
157 N.W.2d 40 STATE v. EDWIN L. BOERNER. No. 40,565.Supreme Court of Minnesota. March 8, 1968. Criminal law — jurisdiction — acceptance of guilty plea — claimed illegal search and arrest — charge also constituting Federal crime. Appeal by Edwin L. Boerner from a judgment of the Freeborn County District Court, Warren F. Plunkett, Judge, […]
MARSH v. MINNEAPOLIS HERALD, INC., 270 Minn. 443 (1965)
134 N.W.2d 18 HUBERT MARSH v. MINNEAPOLIS HERALD, INC. No. 39,501.Supreme Court of Minnesota. March 19, 1965. Fair Labor Standards Act — right to overtime compensation — under contract not limiting hours worked — effect of executive status. In an action for overtime compensation under the Fair Labor Standards Act of 1938, wherein plaintiff was […]
STATE v. DAVEY, 173 Minn. 93 (1927)
216 N.W. 535 STATE v. LENA DAVEY.[1] No. 26,361.Supreme Court of Minnesota. December 2, 1927. [1] Reported in 216 N.W. 535. Complaint on municipal court record sufficient. [1] The complaint in this case was properly made and is held sufficient. Conviction for possession of intoxicating liquor for sale sustained. [2] The evidence sustains the conviction, […]
IN RE GLAXOSMITHKLINE PLC, 713 N.W.2d 48 (Minn.App. 2006)
In the Matter of GLAXOSMITHKLINE PLC. No. A04-2150.Minnesota Court of Appeals. April 18, 2006. Appeal from the District Court, Hennepin County, H. Peter Albrecht, J. Page 49 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 50 Syllabus by the Court 1. The […]
HOFFMAN v. LIMAS, CX-99-455 (Minn.App. 7-13-1999)
Bonnie Dickel Hoffman, et al., Respondents, v. Constantinos J. Limas, et al., Appellants. No. CX-99-455.Minnesota Court of Appeals. Filed July 13, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). […]
COLEMAN v. MINN. STATE CANVASSING BD., 759 N.W.2d 44 (Minn. 2008)
Norm COLEMAN, Petitioner, v. MINNESOTA STATE CANVASSING BOARD, Michelle DesJardin, Hennepin County Elections Manager, Cynthia Reichert, Minneapolis Elections Director, Hennepin County Canvassing Board, individually and on behalf of all County and Local Election Officers and County Canvassing Boards, Respondents. Al Franken for Senate and Al Franken, Intervenor-Respondents. No. A08-2206.Supreme Court of Minnesota. December 24, 2008. […]
STATE v. OLSON, 300 Minn. 557 (1974)
220 N.W.2d 827 STATE v. RANDALL EUGENE OLSON. No. 44418.Supreme Court of Minnesota. July 26, 1974. Criminal law — guilty plea — refusal to permit withdrawal — propriety. Appeal by Randall Eugene Olson from a judgment of the St. Louis County District Court, C. Luther Eckman, Judge, whereby he was convicted of aggravated robbery. Affirmed. […]
STATE v. MURPHY, A06-1471 (Minn.App. 12-18-2007)
State of Minnesota, Respondent, v. John Patrick Murphy, Appellant. No. A06-1471Minnesota Court of Appeals. Filed December 18, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
MENK v. C A B CONSTRUCTION CO., A10-1084 (Minn.App. 2-8-2011)
Warren Menk, Relator, v. C A B Construction Co., Respondent, Department of Employment and Economic Development, Respondent. No. A10-1084.Minnesota Court of Appeals. Filed February 8, 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. § […]
HART v. FMC CORP., 446 N.W.2d 194 (Minn.App. 1989)
Sharon Kay HART, as Trustee for the Heirs of James J. Hart, deceased, Respondent, v. FMC CORPORATION, a Delaware Corporation, Appellant. No. C9-88-2542.Minnesota Court of Appeals. October 3, 1989. Review Denied December 1, 1989. Appeal from the District Court, St. Louis County, Joseph R. Scherkenbach, J. Page 195 Syllabus by the Court 1. The trial […]
BROCKMAN v. BROCKMAN, 373 N.W.2d 664 (Minn.App. 1985)
In re the Marriage of Howard Lyle BROCKMAN, Jr., Petitioner, Respondent, v. Ann Ellee BROCKMAN, Appellant. No. C1-85-737.Minnesota Court of Appeals. September 10, 1985. Appeal from the District Court, Mower County, Paul Kimball, Jr., J. Page 665 Syllabus by the Court Though an error, consideration of speculative tax consequences in distributing marital assets is not […]
STATE v. COLLIS, A07-2460 (Minn.App. 2-3-2009)
State of Minnesota, Respondent, v. Noel David Collis, Appellant. No. A07-2460.Minnesota Court of Appeals. Filed February 3, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
IN MATTER OF THE WELFARE OF J. R. L., C4-00-216 (Minn.App. 10-3-2000)
In the Matter of the Welfare of: J. R. L., Child. No. C4-00-216.Minnesota 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, subd. 3 (1998). Appeal from […]
FRONTIER INS. CO. v. FRONTLINE PROC. CORP., 788 N.W.2d 917 (Minn.App. 2010)
FRONTIER INSURANCE COMPANY, a foreign corporation, Appellant, v. FRONTLINE PROCESSING CORPORATION, et al., Respondents, Ronald Reavis, Defendant. No. A09-2201.Minnesota Court of Appeals. October 5, 2010. Appeal from the District Court, Hennepin County, John L. Holahan, J. Page 918 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]
STATE v. LAVELLE, A09-487 (Minn.App. 3-9-2010)
State of Minnesota, Respondent, v. Brook Allen Lavelle, Appellant. No. A09-487.Minnesota Court of Appeals. March 9, 2010. Appeal from the District Court, Hennepin County, Hon. Tony N. Leung. RECENT ORDER OPINIONS DAVID MINGE, Judge. Affirmed. Page 1
STATE v. LaBATTE, 482 N.W.2d 217 (Minn. 1992)
STATE of Minnesota, Respondent, v. Steven Jude LaBATTE, Appellant. No. C9-90-1987.Supreme Court of Minnesota. February 28, 1992. Syllabus by the Court Trial court in drug possession prosecution erred in instructing jury on statutory inference, Minn.Stat. § 152.028, subd. 2 (1990), but error was not prejudicial error requiring new trial. William Kennedy, Hennepin County Public Defender, […]
STATE v. ALSTON, 391 N.W.2d 2 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Rickey A. ALSTON, Appellant. No. CO-86-240.Minnesota Court of Appeals. July 15, 1986. Appeal from the District Court, Hennepin County, Michael Davis, J. Page 3 Syllabus by the Court The trial court properly considered conduct underlying appellant’s plea of guilty to aggravated robbery in departing from the presumptive guidelines sentence. Affirmed. […]
JANKE v. JANKE, 292 Minn. 296 (1972)
195 N.W.2d 185 ALICE M. JANKE v. MELVIN F. JANKE. No. 43060.Supreme Court of Minnesota. February 18, 1972. Husband and wife — tort action by wife against husband — recovery of medical expenses. In an action by a wife against her husband for injuries resulting from the negligence of the husband, the wife may not […]
ROEMHILDT v. GRESSER COS., 729 N.W.2d 289 (Minn. 2007)
Stanley L. ROEMHILDT, Respondent, v. GRESSER COMPANIES, INC. and, Zurich Insurance Company/Creative Risk Solutions, Relators (A06-1721)-Respondents, and Met Con Companies and, State Fund Mutual Insurance Company, Respondents-Relators (A06-1793). Nos. A06-1721, A06-1793.Supreme Court of Minnesota. March 29, 2007. Page 290 SYLLABUS 1. An employer/insurer’s voluntary payment of benefits within the limitations Page 291 period constitutes a […]
HASSLER v. ENGBERG, 233 Minn. 487 (1951)
48 N.W.2d 343 KENNETH D. HASSLER v. LeROY D. ENGBERG AND OTHERS. ARMAND W. HARRIS, APPELLANT. MINNEAPOLIS FIRE DEPARTMENT RELIEF ASSOCIATION, ST. PAUL FIRE DEPARTMENT RELIEF ASSOCIATION, AND DULUTH FIREMEN’S RELIEF ASSOCIATION, INTERVENERS.[1] No. 35,328.Supreme Court of Minnesota. April 6, 1951. [1] Reported in 48 N.W.2d 343. Declaratory judgment — proceeding — requisites — justiciable […]
LEONI v. WELLS, 264 N.W.2d 646 (Minn. 1978)
Joseph A. LEONI, d. b. a. Power-O-Peat Company, Appellant, v. C. G. WELLS, Jr., Individually and d. b. a. Juniper Hill Farm, Respondent. No. 47805.Supreme Court of Minnesota. March 17, 1978. Appeal from the District Court, St. Louis County, Mitchell Dubow, J. Trenti, Saxhaug, Berger, Carey, Roche, Stephenson Richards, and Thomas H. Carey, Virginia, for […]