Marc Steven Tolvay, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. A06-919.Minnesota Court of Appeals. Filed April 17, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 […]
Category: Minnesota Court Opinions
STATE v. INFANTE, 796 N.W.2d 349 (Minn.App. 2011)
STATE of Minnesota, Respondent, v. Daniel Thomas INFANTE, Appellant. No. A10-692.Minnesota Court of Appeals. April 19, 2011. Appeal from the District Court, Itasca County, John Hawkinson, J. Page 350 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 351 SYLLABUS 1. If the […]
STATE v. QUACH, A10-385 (Minn. 7-19-2011)
State v. Johnathan Quach. No. A10-385.Supreme Court of Minnesota. Filed July 19, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. McCAULEY, C3-97-2169 (Minn.App. 9-8-1998)
State of Minnesota, Respondent, v. John Pat McCauley, Appellant. No. C3-97-2169.Minnesota Court of Appeals. Filed September 8, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 District […]
IN RE DISCIPLINARY ACTION AGAINST OLSON, 425 N.W.2d 243 (Minn. 1988)
In re Petition for DISCIPLINARY ACTION AGAINST Robert A. OLSON, an Attorney at Law of the State of Minnesota. No. C6-87-2150.Supreme Court of Minnesota. June 24, 1988. ORDER The Director of Lawyers Professional Responsibility filed a petition with this court in which he alleged that the respondent had violated his professional responsibilities by failing to […]
LESTICO v. KUEHNER, 204 Minn. 125 (1938)
283 N.W. 122 A. C. LESTICO v. ALBERT H. KUEHNER.[1] No. 31,788.Supreme Court of Minnesota. December 16, 1938. [1] Reported in 283 N.W. 122. Evidence — burden of proof and extent thereof. 1. It is error to instruct that a statute creating a presumption of negligence shifts the burden of proof. The incidence of such […]
BEUKHOF v. STATE FARM MUT. AUTOMOBILE INS. CO., 361 N.W.2d 30 (Minn. 1985)
David A. BEUKHOF, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. No. C3-83-1948.Supreme Court of Minnesota. January 17, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of David A. Beukhof for further review of the decision of the Court of Appeals, 349 N.W.2d 355 […]
MATTER OF LIVINGOOD, 594 N.W.2d 889 (Minn. 1999)
In the Matter of Russ Livingood. No. C2-98-262Supreme Court of Minnesota. June 17, 1999. Page 890 Court of Appeals Anderson, Russell A., J. Dissenting, Anderson, Paul H., J. Took no part, Page, J. Office of Appellate Courts SYLLABUS When a county denies a landowner a conditional use permit without sufficient evidence to support its decision […]
STATE v. SALINAS, C6-96-180 (Minn.App. 9-17-1996)
State of Minnesota, Respondent, vs. Matthew S. Salinas, Appellant. No. C6-96-180.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 District […]
PLADSON v. STATE, 385 N.W.2d 406 (Minn.App. 1986)
Neil Michael PLADSON, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C6-85-1706.Minnesota Court of Appeals. April 22, 1986. Appeal from the District Court, Kandiyohi County, John L. Weyrens, J. Page 407 Syllabus by the Court 1. Defendant seeking post-conviction relief in the form of credit for presentence confinement according to present sentencing law was not […]
SHULL v. COMMISSIONER OF PUBLIC SAFETY, 398 N.W.2d 11 (Minn.App. 1986)
Max F. SHULL, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C7-86-901.Minnesota Court of Appeals. December 23, 1986. Appeal from the District Court, Wabasha County, Dennis H. Weber, J. Page 12 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 13 Syllabus […]
SCOTT v. NORDIN, 171 Minn. 469 (1927)
214 N.W. 472 WILLIAM SCOTT AND ANOTHER v. JOHN A. NORDIN.[1] No. 26,088.Supreme Court of Minnesota. June 10, 1927. [1] Reported in 214 N.W. 472. Finding sustained that mortgagor was not in default. 1. The findings that the interest in dispute had been paid and that no default had occurred in the conditions of the […]
ENGER v. MIDLAND NATIONAL LIFE INS. CO., 176 Minn. 143 (1929)
222 N.W. 901 L. ENGER v. MIDLAND NATIONAL LIFE INSURANCE COMPANY OF WATERTOWN, SOUTH DAKOTA.[1] No. 26,748.Supreme Court of Minnesota. January 4, 1929. [1] Reported in 222 N.W. 901. Service of summons on insurance commissioner in actions against foreign company not limited to its Minnesota business. Where a foreign insurance company doing business in this […]
IN MATTER OF THE APPLICATION, HILLMAN, C9-99-60 (Minn.App. 8-31-1999)
In the Matter of the Application for the Continuation of Total and Permanent Disability Benefits for James M. Hillman. No. C9-99-60.Minnesota Court of Appeals. Filed August 31, 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. […]
GRAFF v. ROBERT M. SWENDRA AGENCY, INC., 800 N.W.2d 112 (Minn. 2011)
Curtis R. GRAFF, Respondent, v. ROBERT M. SWENDRA AGENCY, INC., Appellant. No. A09-0173.Supreme Court of Minnesota. July 13, 2011. Appeal from the District Court, Hennepin County, Tony N. Leung, J. Page 113 SYLLABUS 1. Neither the doctrines of bound coverage nor circuity of obligation required dismissal of the plaintiffs negligence claim against the insurance agency. […]
DENELSBECK v. WELLS FARGO CO., 666 N.W.2d 339 (Minn. 2003)
Violet Denelsbeck, o/b/o herself and others similarly situated, Respondents, vs. Wells Fargo Co., a Delaware corporation, d/b/a Wells Fargo Bank, N.A., petitioner, Appellant. No. C8-02-594.Supreme Court of Minnesota. Filed: July 31, 2003. Appeal from the Minnesota Court of Appeals. Page 340 SYLLABUS When previously provided documents stated that the terms of the respondent’s retirement certificate […]
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 […]
MATTER OF LAFOND, 390 N.W.2d 321 (Minn.App. 1986)
In the Matter of John LaFOND. No. CX-86-83.Minnesota Court of Appeals. July 1, 1986. Appeal from the District Court, LeSueur County, Martin Mansur, J. Syllabus by the Court 1. The trial court properly concluded that the veterans’ appeal panel was not bound by the city’s personnel policies. 2. Sufficient evidence supported the appeal panel’s affirmation […]
STATE v. BACIGALUPO, A09-139 (Minn.App. 1-19-2010)
State of Minnesota, Respondent, v. Louis Joseph Bacigalupo, Appellant. No. A09-139.Minnesota Court of Appeals. Filed January 19, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
STATE v. DOBSINSKI, A06-588 (Minn.App. 3-13-2007)
State of Minnesota, Respondent, v. Richard Allen Dobsinski, Appellant. No. A06-588.Minnesota Court of Appeals. Filed March 13, 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 […]
SCHILLING v. ROUX DISTRIBUTING CO. INC., 240 Minn. 71 (1953)
59 N.W.2d 907 ELSIE MARY SCHILLING v. ROUX DISTRIBUTING COMPANY, INC., AND OTHERS.[1] No. 36,018.Supreme Court of Minnesota. July 24, 1953. [1] Reported in 59 N.W.2d 907. Corporations — foreign corporation — amenability to suit — engaging in business. 1. Where New York corporation employs a district manager having supervision of a group of from […]
MASSEE v. CONSUMERS HAY CO. INC., 184 Minn. 196 (1931)
238 N.W. 327 F. C. MASSEE v. CONSUMERS HAY COMPANY, INC.[1] No. 28,524.Supreme Court of Minnesota. October 2, 1931. [1] Reported in 238 N.W. 327. Corporation — foreign — service of process. Under the showing made, the defendant, a foreign corporation, was doing an intrastate business in Minnesota. The summons was served upon its agent […]
IN RE MARRIAGE OF BANAS v. BANAS, A09-714 (Minn. 1-27-2010)
In re the Marriage of: Ewa Gabriella Banas v. Antony Jo’sef Banas. No. A09-714.Supreme Court of Minnesota. Filed January 27, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. JOHNSON, A09-247 (Minn. 4-20-2010)
State v. Randolph Johnson, Jr. No. A09-247.Supreme Court of Minnesota. Filed April 20, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Granted Page 1
CITY OF NORTH OAKS v. SARPAL, 784 N.W.2d 857 (Minn.App. 2010)
CITY OF NORTH OAKS, Appellant, v. Rajbir S. SARPAL, et al., Respondents. No. A09-1961.Minnesota Court of Appeals. July 20, 2010. Appeal from the District Court, Ramsey County, Gregg E. Johnson, J. Page 858 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 859 […]
KLEEMAN v. CADWELL, 414 N.W.2d 433 (Minn.App. 1987)
Donna M. KLEEMAN, Respondent, v. Timothy D. CADWELL, Appellant. No. C4-87-686.Minnesota Court of Appeals. October 20, 1987. Appeal from the District Court, Dakota County, John M. Fitzgerald, J. Page 434 Syllabus by the Court Trial court properly applied discount provisions of the Tort Reform Act, Minn.Stat. § 604.07, by reducing future damages for pain and […]
MATTER OF T.L.K., 487 N.W.2d 911 (Minn.App. 1992)
In the Matter of the WELFARE OF T.L.K., Child. No. C1-91-2500.Minnesota Court of Appeals. August 4, 1992. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Syllabus by the Court Evidence must be suppressed when seized pursuant to execution of a search Page 912 warrant which lacks the degree of particularity required by the […]
DAHLEN TRANSPORT, INC. v. HAHNE, 261 Minn. 218 (1961)
112 N.W.2d 630 DAHLEN TRANSPORT, INC. v. NEWTON G. HAHNE, d.b.a. HAHNE OIL COMPANY. NEWTON G. HAHNE, d.b.a. HAHNE OIL COMPANY, v. QUICKIE TRANSPORT COMPANY. No. 38,333.Supreme Court of Minnesota. October 27, 1961. Railroad and Warehouse Commission — appeal from order of commission — scope of review by district court. 1. The scope of judicial […]
HAAS v. HARRIS, 347 N.W.2d 838 (Minn.App. 1984)
Duane HAAS, d/b/a/ Duane Haas Electric, and Olson Sheet Metal Works, Inc., Respondents, v. Wilber H. HARRIS, Appellant, No. C9-83-2005.Minnesota Court of Appeals. May 8, 1984. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Page 839 Syllabus by the Court The record supports the decision that the officer of a corporation entered […]
IN RE FREY v. FREY, C9-99-270 (Minn.App. 10-26-1999)
In Re the Marriage of: William Howard Frey, II, petitioner, Appellant, v. Barbara Hursh Frey, Respondent. No. C9-99-270.Minnesota Court of Appeals. Filed October 26, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat § 480A.08, […]
TREMAIN v. UNIVERSITY OF MINNESOTA, C5-99-556 (Minn. 7-28-1999)
Janet C. Tremain v. University of Minnesota, et al. No. C5-99-556.Supreme Court of Minnesota. July 28, 1999. Denied
FUNCHESS v. CECIL NEWMAN CORP., 632 N.W.2d 666 (Minn. 2001)
Janice Funchess, Trustee for the Heirs of J.W. Haynes, decedent, Respondent, vs. Cecil Newman Corp., et al., petitioner, Appellants. No. C8-00-90.Supreme Court of Minnesota. Filed: August 23, 2001 Appeal from the District Court, Hennepin County, Anne McKinsey. Page 667 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
OXFORD DEVELOPMENT v. RAMSEY COUNTY, 417 N.W.2d 319 (Minn.App. 1988)
OXFORD DEVELOPMENT, INC., Respondent, v. COUNTY OF RAMSEY in the State of Minnesota, et al., Appellants. No. C3-87-1540.Minnesota Court of Appeals. January 12, 1988. Appeal from the District Court, Ramsey County, J. Jerome Plunkett, J. Syllabus by the Court The trial court failed to make findings of fact and conclusions of law in granting the […]
STATE v. SUTHERLIN, 341 N.W.2d 303 (Minn.App. 1983)
STATE of Minnesota, Respondent, v. Reginald Craig SUTHERLIN, Appellant. No. C8-83-1508.Minnesota Court of Appeals. December 21, 1983. Appeal from the District Court, Ramsey County, Harold W. Schultz, J. Page 304 Syllabus by the Court 1. Defendant did not waive his right to demand execution of his stayed sentence notwithstanding the fact that he initially chose […]
LUNDGREN v. PAUL SCHMITT MUSIC CO., 296 Minn. 517 (1973)
207 N.W.2d 534 DALE R. LUNDGREN v. PAUL SCHMITT MUSIC COMPANY AND ANOTHER. No. 43373.Supreme Court of Minnesota. May 18, 1973. Workmen’s compensation — award to employee’s wife for nursing services — issue determined without authority. Certiorari upon the relation of Paul Schmitt Music Company, employer, and Bituminous Casualty Corporation, its insurer, to review a […]
IN RE BUTLER, 552 N.W.2d 226 (Minn. 1996)
In re Gerald N. BUTLER, Debtor. Molly T. SHIELDS, Trustee for the Estate of Gerald N. Butler, Plaintiff, v. Norman GOLDETSKY and Percy Greenberg, Defendants. No. C2-96-130.Supreme Court of Minnesota. August 8, 1996. Page 227 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]
PETITION OF ITTEL, 386 N.W.2d 387 (Minn.App. 1986)
In the Matter of the Petition of Charles ITTEL, et al., for Judicial Ditch No. 23 in the Counties of Carver and Sibley, State of Minnesota. No. C3-85-1694.Minnesota Court of Appeals. May 6, 1986. Review Denied July 16, 1986. Appeal from the District Court, Carver County, Martin J. Mansur, J. Page 388 Syllabus by the […]
STATE v. KULSETH, 333 N.W.2d 635 (Minn. 1983)
STATE of Minnesota, Respondent, v. Thomas James KULSETH, Appellant. No. C3-82-207.Supreme Court of Minnesota. May 13, 1983. Appeal from the District Court, Nicollet County, Noah S. Rosenbloom, J. Page 636 Syllabus by the Court Trial court did not commit prejudicial error in admitting statement defendant made in response to custodial interrogation at the scene of […]
AAVANG v. COMMISSIONER OF PUBLIC SAFETY, C6-99-50 (Minn.App. 8-10-1999)
EUGENE MICHAEL AAVANG, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C6-99-50.Minnesota Court of Appeals. Filed August 10, 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 […]
ALTENBURG v. PLEASANT MOUND TOWNSHIP, 615 N.W.2d 874 (Minn.App. 2000)
Michael Altenburg, et al., Appellants, vs. Board of Supervisors of Pleasant Mound Township, Blue Earth County, et al., Respondents. C9-99-2133.Minnesota Court of Appeals. Filed September 5, 2000. Blue Earth County District Court, File No. C198809. Page 875 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
IN RE GUARDIANSHIP MIKULANEC, 356 N.W.2d 683 (Minn. 1984)
In re The GUARDIANSHIP of June MIKULANEC. No. C3-83-1089.Supreme Court of Minnesota. November 2, 1984. Appeal from the Hennepin County District Court, Melvin J. Peterson, J. Page 684 Syllabus by the Court A person with a mental illness, incapacitated with respect to choosing a spouse, may have a conservator appointed for the limited purpose of […]
RANDALL v. VILLAGE OF EXCELSIOR, 258 Minn. 81 (1960)
103 N.W.2d 131 KARL RANDALL, A MINOR, BY BRUCE B. JAMES, HIS SPECIAL GUARDIAN, v. VILLAGE OF EXCELSIOR. No. 37,756.Supreme Court of Minnesota. May 6, 1960. Civil Damage Act — right of action against vendor for injuries — effect of plaintiff’s voluntary intoxication. 1. The Civil Damage Act, M.S.A. 340.95, does not create a cause […]
DONALDSON v. YWCA, 539 N.W.2d 789 (Minn. 1995)
Jackie L. DONALDSON, Court Appointed Trustee for the Heirs of Lynette Robarge, Respondent, v. YOUNG WOMEN’S CHRISTIAN ASSOCIATION OF DULUTH, Petitioner, Appellant. No. C6-94-1115.Supreme Court of Minnesota. November 17, 1995. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Page 790 Syllabus by the Court A lodging house has no duty to […]
STATE v. RADKE, 161 Minn. 416 (1925)
201 N.W. 613 STATE v. FRIEDRICH W. RADKE.[1] No. 24,431.Supreme Court of Minnesota. January 9, 1925. [1] Reported in 201 N.W. 613. Adjoining towns in different counties may establish town ditch. 1. A town ditch may be established by adjoining towns, even though a county line divides them. Petition for town ditch sufficient as against […]
STATE v. CARMAN, A07-1217 (Minn. 9-23-2008)
State v. Anthony W. Carman. No. A07-1217.Supreme Court of Minnesota. Filed September 23, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE MEYER, C0-97-2341 (Minn.App. 5-26-1998)
In Re: Karl Leonard Meyer. No. C0-97-2341.Minnesota Court of Appeals. Filed May 26, 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 District Court, Dakota County, File […]
TERFEHR v. KLEINFEHN, 352 N.W.2d 470 (Minn.App. 1984)
Norbert J. TERFEHR, et al., and Joyce M. Klimek, et al., Respondents, v. Roman KLEINFEHN, Appellant. No. C3-84-3.Minnesota Court of Appeals. July 17, 1984. Review Denied September 12, 1984. Appeal from the District Court, Todd County, Donald A. Gray, J. Syllabus by the Court Placement of a steel plate in a ditch used to drain […]
HARRINGTON v. REGINA MEDICAL CENTER, A03-1566 (Minn.App. 7-26-2004)
Jane M. Harrington, as Trustee for the Next of Kin of Patsy Sara Myers, et al., Appellants, v. Regina Medical Center, et al., Respondents, Allina Medical Clinic, d/b/a “Allina Medical Clinic — Hastings,” f/k/a “River Valley Clinic,” “River Valley Clinic — Hastings,” and/or “River Valley Clinic, Inc.,” et al., Respondents. No. A03-1566.Minnesota Court of Appeals. […]
KOHOUT v. SHAKOPEE FOUNDRY CO., 281 Minn. 401 (1968)
162 N.W.2d 237 ARTHUR H. KOHOUT AND OTHERS v. SHAKOPEE FOUNDRY COMPANY. No. 40,716.Supreme Court of Minnesota. September 20, 1968. Limitation of actions — claim for vacation pay and penalty for failure to pay wages — applicable statutes of limitations. 1. Claims for vacation pay and statutory penalties are governed by a 2-year statute of […]
STATE v. SHELLITO, 594 N.W.2d 182 (Minn.App. 1999)
State of Minnesota, Appellant, v. Phillip Alan Shellito, Respondent. No. C0-98-1619.Minnesota Court of Appeals. Decided April 13, 1999. Appeal from Mille Lacs County District Court, File No. K0-98-311. Affirmed in part, reversed in part, and remanded Page 183 SYLLABUS 1. When determining the lawfulness of a traffic stop, a trial court may discredit the testimony […]
WEED v. COUNTY OF FILLMORE, 630 N.W.2d 419 (Minn. 2001)
Michael A. Weed, Relator, v. County of Fillmore, Respondent. No. C6-01-48.Supreme Court of Minnesota. Filed: July 26, 2001 Appeal from the Tax Court, George W. Perez, J. Page 420 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 421 SYLLABUS For tax purposes, […]
STATE v. UDSTUEN, 345 N.W.2d 766 (Minn. 1984)
STATE of Minnesota, Respondent, v. Jerry UDSTUEN, Appellant. No. CX-82-1208.Supreme Court of Minnesota. March 23, 1984. Appeal from the District Court, Ramsey County, Stephen L. Maxwell, J. Page 767 Syllabus by the Court Defendant received a fair trial, the jury was justified in finding him guilty of assault in the second degree, and the trial […]
STATE v. HOBBS, A10-730 (Minn. 6-14-2011)
State v. David Stuart Hobbs. No. A10-730.Supreme Court of Minnesota. Filed June 14, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. COLUMBUS, C4-00-1950 (Minn.App. 8-21-2001)
State of Minnesota, Respondent, v. Violet Mae Columbus, Appellant. No. C4-00-1950.Minnesota Court of Appeals. Filed August 21, 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 […]
CITIZENS OF PIPESTONE v. C.M. ST. P. RY. CO., 167 Minn. 174 (1926)
213 N.W. 534 CITIZENS OF PIPESTONE v. CHICAGO, MILWAUKEE ST. PAUL RAILWAY COMPANY AND ANOTHER.[1] No. 25,338.Supreme Court of Minnesota. April 23, 1926. [1] Reported in 208 N.W. 809, 209 N.W. 913. After reargument order of Railroad Commission for connecting switch vacated. [1. An order of the Railroad and Warehouse Commission requiring reciprocal connecting switch […]
MINNESOTA TEAM. UNION v. CTY., CARVER, 571 N.W.2d 598 (Minn.App. 1997)
In the Matter of the Arbitration Between MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320, petitioner, Respondent, v. COUNTY OF CARVER, Appellant. COUNTY OF CARVER, Petitioner, v. MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320, Respondent. Nos. C4-97-1371, C6-97-1372.Minnesota Court of Appeals. November 25, 1997. Appeal from the District […]
FIRST FIDUCIARY CORP. v. BLANCO, 276 N.W.2d 30 (Minn. 1979)
FIRST FIDUCIARY CORPORATION, Personal Representative of the Estate of Olive G. Blanco, Appellant, v. Manuel F. BLANCO, Jr., et al., Defendants, John D. Wood, Jr., et al., Respondents. FIRST FIDUCIARY CORPORATION, personal representative of the Estate of Olive G. Blanco, Plaintiff, v. Manuel F. BLANCO, Jr., and Monica A. Blanco, Defendants-Appellants, and John D. Wood, […]
ANDERSON v. MINNESOTA MUT. FIRE, 399 N.W.2d 233 (Minn.App. 1987)
Todd ANDERSON, Plaintiff, v. MINNESOTA MUTUAL FIRE AND CASUALTY COMPANY, Appellant, Ekblad, Pardee Bewell, et al., Respondents. No. C6-86-1330.Minnesota Court of Appeals. January 20, 1987. Review Denied March 18, 1987. Appeal from the District Court, Ramsey County, Harold W. Schultz, J. Page 234 Syllabus by the Court The trial court correctly concluded that an insurance […]
COUNTY OF HENNEPIN v. RICHARDSON, 175 Minn. 60 (1928)
220 N.W. 432 COUNTY OF HENNEPIN v. K. C. RICHARDSON AND OTHERS.[1] Nos. 26,676, 26,677.Supreme Court of Minnesota. June 29, 1928. [1] Reported in 220 N.W. 432. Failure to lay tile of county drain at specified depth, even with consent of engineer, is breach of contract. 1. Laying the tile of a county ditch at […]
STATE v. PARKER, C0-95-1699 (Minn.App. 5-21-1996)
STATE OF MINNESOTA, Respondent, v. STEVEN TODD PARKER, Appellant. No. C0-95-1699.Minnesota Court of Appeals. Filed May 21, 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 (1994). Appeal from the District […]
CARLSON v. FLOUR CITY BRUSH CO., 305 N.W.2d 347 (Minn. 1981)
Susan K. CARLSON, Respondent, v. FLOUR CITY BRUSH COMPANY and American Mutual Insurance Company, Respondents, Flour City Brush Company and Aetna Insurance Company, Relators. No. 51434.Supreme Court of Minnesota. May 8, 1981. Page 348 Robert G. Gubbe, Minneapolis, for relators. C. E. Hektner, Minneapolis, for Carlson. E. Michael Forde, Minneapolis, for Flour City Brush Company, […]
JOHNSON v. HEWLETT-PACKARD COMPANY, CX-01-1641 (Minn.App. 5-22-2002)
Bonita I. Johnson, et al., Appellants, v. Hewlett-Packard Company, a Delaware Corporation Respondent. No. CX-01-1641Minnesota Court of Appeals. Filed May 22, 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). […]
BD., HEALTH, TWN., LAKE v. VIL., WARROAD, 272 Minn. 509 (1965)
139 N.W.2d 255 BOARD OF HEALTH, TOWN OF LAKE, ROSEAU COUNTY, v. VILLAGE OF WARROAD. No. 40,122.Supreme Court of Minnesota. December 24, 1965. Town — town board of health — jurisdiction over village dumping ground. 1. Maintenance of a municipal dumping ground by a village is not a “trade or employment” and is therefore not […]
KNUTSON v. LASHER, 219 Minn. 594 (1945)
18 N.W.2d 688 JOHN A. KNUTSON v. FLOYD E. LASHER AND ANOTHER.[1] No. 33,930.Supreme Court of Minnesota. May 4, 1945. [1] Reported in 18 N.W.2d 688. Contract — performance — irrevocable provision for arbitration — waiver — withdrawal by defendant and institution of suit by plaintiff. 1. A contract provision to submit to arbitration disputed […]
MEDTRONIC, INC. v. HUGHES, A10-998 (Minn. 3-29-2011)
Medtronic, Inc., et al. v. James Michael Hughes, St. Jude Medical S.C., Inc. No. A10-998.Supreme Court of Minnesota. Filed March 29, 2011. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE v. REYNOLDS, A03-1032 (Minn.App. 4-6-2004)
State of Minnesota, Respondent, v. Daniel John Reynolds, Appellant. No. A03-1032.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, subd. 3 (2002). Appeal from the Dakota […]
DEIKE v. SMELTING, 413 N.W.2d 590 (Minn.App. 1987)
Daniel DEIKE, Relator, v. Gopher SMELTING, Respondent, Commissioner of Jobs and Training, Respondent. No. CX-87-966.Minnesota Court of Appeals. October 13, 1987. Page 591 Syllabus by the Court 1. Employee, who refused to work as directed and walked off the job, engaged in misconduct that disqualified him from the receipt of unemployment compensation benefits. 2. Evidence […]
IN MATTER OF CARTWAY EASEMENT, A05-0016 (Minn.App. 7-5-2005)
In re the Matter of: An Appeal of the Establishment of a Cartway Easement. No. A05-0016.Minnesota Court of Appeals. Filed July 5, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
PORTZ v. PIPESTONE SKELGAS, 397 N.W.2d 12 (Minn.App. 1986)
Lyle D. PORTZ, Relator, v. PIPESTONE SKELGAS, Respondent Commissioner of Jobs Training, Respondent. No. C4-86-1066.Minnesota Court of Appeals. December 9, 1986. Appeal from the Commissioner of Jobs and Training. Syllabus by the Court 1. Employee’s personal dissatisfaction with his supervisor and his working conditions did not constitute good cause to quit. 2. A Commissioner’s representative […]
CANTU v. ATLANTA CAS. COMPANIES, 535 N.W.2d 291 (Minn. 1995)
Jose CANTU, Appellant, v. The ATLANTA CASUALTY COMPANIES, an Illinois Corporation, Respondent. No. C8-94-2296.Supreme Court of Minnesota. July 27, 1995. Rehearing Denied September 11, 1995. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of the Atlanta Casualty Companies for further review of the court of appeals’ […]
BROSZKO v. PRINCIPAL MUT. LIFE INS. CO., 533 N.W.2d 656 (Minn.App. 1995)
Denise BROSZKO, Individually and as a Parent and Natural Guardian of Michael Broszko, Ryan Broszko, Brandon Broszko and Briana Broszko, Appellants, v. PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, and Iowa Corporation, Respondent, The Movers, Inc., d/b/a Movers, Defendant, Don Omodt, Hennepin County Sheriff, Respondent. No. C3-95-479.Minnesota Court of Appeals. July 3, 1995. Appeal from the District […]
FEDERATED MUT. INS. CO. v. CONCRETE UNITS, 363 N.W.2d 751 (Minn. 1985)
FEDERATED MUTUAL INSURANCE CO., Appellant, v. CONCRETE UNITS, INC., Respondent, Conger Construction Company, Respondent, Brownsdale Cooperative Association, Respondent. No. C8-83-309.Supreme Court of Minnesota. March 8, 1985. Rehearing Denied March 29, 1985. Appeal from the District Court, Mower County, William J. Nierengarten, J. Page 752 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL […]
STRONG CONSTR. CO. v. ATLANTIS DEVELOPERS, A05-1363 (Minn.App. 6-6-2006)
Strong Construction Co., Inc., et al., Respondents, v. Atlantis Developers, et al., Defendants, Creekside Homes, LLC, et al., Appellants. No. A05-1363.Minnesota Court of Appeals. Filed June 6, 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. […]
BUSHARD v. EXPRESS SCRIPTS, INC., A06-37 (Minn.App. 8-8-2006)
Thomas D. Bushard, Relator, v. Express Scripts, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A06-37.Minnesota Court of Appeals. Filed August 8, 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, […]
BAUM v. BAUM, 465 N.W.2d 598 (Minn.App. 1991)
In re the Marriage of Richard E. BAUM, Petitioner, Respondent, v. Barbara J. BAUM, Appellant. No. C9-90-2248.Minnesota Court of Appeals. February 12, 1991. Review Denied April 18, 1991. Appeal from the District Court, Dakota County, Gerald W. Kalina, J. Page 599 Syllabus by the Court Unrebutted evidence of abuse of children by a custodial parent […]
IN RE MARRIAGE OF AHLERS, A08-0901 (Minn.App. 1-27-2009)
In re the Marriage of: Jacqueline Ann Ahlers, petitioner, Respondent, v. Scott Steven Ahlers, Appellant. No. A08-0901.Minnesota Court of Appeals. Filed January 27, 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. […]
HENNEPIN COUNTY v. GARDNER-RANSOM, A10-1971 (Minn.App. 8-1-2011)
Hennepin County, Respondent, Devon Emily Arkadie, Respondent (A10-1971), Melissa D. Walker, f/k/a Melissa D. Boyd, Respondent (A10-1973), Elizabeth R. Meza, Respondent (A10-1974), v. Frank Sentwali Gardner-Ransom, Appellant. Nos. A10-1971, A10-1973, A10-1974.Minnesota Court of Appeals. Filed August 1, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished […]
ORDERS ON PETITIONS FOR FURTHER REVIEW (Minn. 12-17-2002)
ORDERS ON PETITIONS FOR FURTHER REVIEWSupreme Court of Minnesota. December 17, 2002 1. Brenda Picasso, et al. v. Progressive Northern Insurance C8-02-465 Denied 2. State v. Odell D. Crawford C4-01-2073 Denied 3. Michael T. Wilson v. State C0-02-346 Denied 4. Laura Marie Blaido v. Commissioner of Public Safety C0-01-1485 Denied 5. Frank Milnar, D.D.S., et […]
IN RE DISCIPLINARY ACTION AGAINST DE RYCKE, 577 N.W.2d 922 (Minn. 1998)
In re Petition for DISCIPLINARY ACTION AGAINST Eric A.L. DE RYCKE, an Attorney at Law of the State of Minnesota. No. C1-98-589.Supreme Court of Minnesota. April 21, 1998. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Eric A.L. De Rycke has committed […]
DRISCOLL v. STANDARD HARDWARE, INC., 785 N.W.2d 805 (Minn.App. 2010)
Nancy DRISCOLL as Trustee for the Next-of-Kin of Deane Driscoll, Deceased, Plaintiff, STANDARD HARDWARE, INC., Defendant, and Atlas Copco Drilling Solutions, LLC, (incorrectly denominated as USA Holdings, Inc. d/b/a Atlas Copco), defendant and third party plaintiff, Respondent, United Taconite, LLC, third party defendant, Appellant, Intone Industrial Co., Ltd., et al., Third Party Defendants, and United […]
GABRIELSON v. WARNEMUNDE, 443 N.W.2d 540 (Minn. 1989)
TIMOTHY D. GABRIELSON, ET AL., RESPONDENTS, v. James L. WARNEMUNDE, d/b/a Warnemunde Insurance Agency, Petitioner, Appellant. No. C6-88-1011.Supreme Court of Minnesota. August 4, 1989. Appeal from the District Court, Rice County, Gerald Wolf, J. Page 541 Syllabus by the Court An insurance agent owed no duty of care to the insured, at the time a […]
STENSTROM v. BLOOSTON, 177 Minn. 95 (1929)
224 N.W. 462 CARL L. AND WILLIS E. STENSTROM v. MAX BLOOSTON.[1] Nos. 27,256, 27,453.Supreme Court of Minnesota. March 28, 1929. [1] Reported in 224 N.W. 462. Plaintiffs were not guilty of contributory negligence as matter of law. Plaintiffs were riding in defendant’s car at his invitation. Defendant drove at an excessive and dangerous rate […]
STATE v. MARMON, A10-1866 (Minn.App. 9-26-2011)
State of Minnesota, Respondent, v. Starrie Keith Marmon, Appellant. No. A10-1866.Minnesota Court of Appeals. Filed September 26, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]
PICKAR v. STATE FARM MUT. AUTO. INS. CO., 384 N.W.2d 581 (Minn.App. 1986)
Richard L. PICKAR, et al., Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent. No. C8-85-2100.Minnesota Court of Appeals. April 8, 1986. Appeal from the District Court, Crow Wing County, Clinton W. Wyant, J. Syllabus by the Court The trial court properly dismissed appellants’ claim for implied-in-law underinsured motorist coverage on the basis of the […]
IN RE K. S. K., CX-00-849 (Minn.App. 10-24-2000)
IN THE MATTER OF THE WELFARE OF: K. S. K., CHILD. No. CX-00-849.Minnesota Court of Appeals. Filed October 24, 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 […]
IN RE GESKE v. MARCOLINA, C8-01-2108 (Minn.App. 6-4-2002)
In re: Jean Ann Geske, f/k/a Jean Ann Marcolina, petitioner, Respondent, v. Jeffrey Alan Marcolina, Appellant. No. C8-01-2108Minnesota Court of Appeals. Filed June 4, 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, […]
HVAMSTAD v. CITY OF ROCHESTER, 276 N.W.2d 632 (Minn. 1979)
Joanne HVAMSTAD, Individually, and d.b.a. Lolita’s, et al., Appellants, v. The CITY OF ROCHESTER, Minnesota, et al., Respondents, and Warren Spannaus, Individually, and as Attorney General of the State of Minnesota, Defendant. No. 48888.Supreme Court of Minnesota. February 8, 1979. Appeal from the District Court, Olmsted County, O. Russell Olson, J. Jeffrey R. Anderson, St. […]
IN RE MARRIAGE OF DALSETH v. DALSETH, A06-2360 (Minn.App. 2-12-2008)
In re the Marriage of: Jeanette Juana Dalseth, petitioner, Appellant, v. Stephen Errol Dalseth, Respondent. No. A06-2360.Minnesota Court of Appeals. Filed February 12, 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. […]
STATE v. KLUVER, 388 N.W.2d 774 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Mark Wayne KLUVER, Appellant. No. CX-85-2129.Minnesota Court of Appeals. June 17, 1986. Appeal from the District Court, Douglas County, Timothy J. Baland, J. Syllabus by the Court Appellant’s due process rights were not violated. The Minnesota implied consent advisory adequately informs a DWI suspect that he or she can elect […]
PEISCH v. CITY OF PEQUOT LAKES, A04-133 (Minn.App. 8-17-2004)
Martha Peisch, Relator, v. City of Pequot Lakes, Respondent. No. A04-133.Minnesota Court of Appeals. Filed August 17, 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 City […]
WAGSTROM v. WAGSTROM, 394 N.W.2d 841 (Minn.App. 1986)
In re the Marriage of Gerald WAGSTROM, petitioner, Appellant, v. Kathleen A. WAGSTROM, Respondent. No. C2-86-661.Minnesota Court of Appeals. October 28, 1986. Review Denied November 26, 1986. Appeal from the District Court, Hennepin County, Sheryl R. Hvass, J. Page 842 Syllabus by the Court 1. The trial court correctly interpreted the dissolution decree as awarding […]
ANDREWS v. HOSS, 286 Minn. 514 (1970)
174 N.W.2d 134 VICTOR ANDREWS v. O’DEAN HOSS, d.b.a CLARK’S FILLING STATION, AND ANOTHER. No. 41745.Supreme Court of Minnesota. January 23, 1970. Workmen’s compensation — noncompensable injury — finding assault was not employment-related — sufficiency of evidence. Certiorari upon the relation of Victor K. Andrews, employee, to review a decision of the Workmen’s Compensation Commission […]
STATE v. DIEPOLD, A10-639 (Minn.App. 3-15-2011)
State of Minnesota, Respondent, v. Jonathan Michael Diepold, Appellant. No. A10-639.Minnesota Court of Appeals. Filed March 15, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2010). Appeal from the District […]