Robert JOHNSON, Jr., Deceased, Employee/Respondent, v. CITY OF PLAINVIEW, Minnesota, League of Minnesota Cities Insurance Trust/Employee Benefit Administration, Employer/Appellants, and Commissioner of Labor and Industry, as Administrator of Peace Officers Benefit Fund, Relator. Ethel HARDEL, spouse of Carl Hardel, Deceased, Employee/Respondent, v. STATE of Minnesota, PEACE OFFICERS BENEFIT FUND, Relator. Nos. C5-88-643, C8-88-653 and C6-88-716.Supreme […]
Category: Minnesota Court Opinions
IN RE DIS. ACTION AGAINST, 796 N.W.2d 158 (Minn. 2011)
In re Petition for DISCIPLINARY ACTION AGAINST Arlie Martin FUNDAUN, a Minnesota Attorney, Registration No. 202071. No. A10-1515.Supreme Court of Minnesota. April 18, 2011. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Arlie Martin Fundaun committed professional misconduct warranting public discipline, namely, failure […]
IN RE MARTIN v. MARTIN, C0-97-881 (Minn.App. 12-30-1997)
In re Marriage of: Linda Lee Martin, petitioner, Respondent, v. John Harold Martin, Appellant. No. C0-97-881.Minnesota Court of Appeals. Filed December 30, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
STATE v. OLIVER IRON MINING CO., 198 Minn. 385 (1936)
270 N.W. 609 IN RE PROCEEDINGS TO ENFORCE PAYMENT OF DELINQUENT REAL ESTATE TAXES, ST. LOUIS COUNTY. STATE v. OLIVER IRON MINING COMPANY AND OTHERS.[1] No. 30,723.Supreme Court of Minnesota. December 11, 1936. [1] Reported in 270 N.W. 609. Taxation — review of tax proceeding. 1. The rule guiding this court in the review of […]
STATE v. CABRERA, 700 N.W.2d 469 (Minn. 2005)
STATE of Minnesota, Respondent, v. Christopher Fausto CABRERA, Appellant. No. A04-1306.Supreme Court of Minnesota. July 28, 2005. Appeal from the District Court, Hennepin County, Anne McKinsey, J. Page 470 SYLLABUS In the interests of justice and in the exercise of the court’s supervisory powers, the prosecutor’s improper injection of race into closing argument warrants reversal […]
DANIELSON v. FITZSIMMONS, 232 Minn. 149 (1950)
44 N.W.2d 484 STANLEY E. DANIELSON v. ROBERT F. FITZSIMMONS. GRACE H. CARLSON, APPELLANT.[1] Supreme Court of Minnesota. No. 35,450. November 1, 1950. [1] Reported in 44 N.W.2d 484. United States — representative in congress — nature of office and qualifications. 1. The office of representative in congress is a federal office created by the […]
MERTZ v. H. D. HUDSON MFG. CO., 194 Minn. 636 (1935)
261 N.W. 472 JENNIE E. MERTZ AND OTHERS v. H. D. HUDSON MANUFACTURING COMPANY. I. O. ALTENBURGER v. SAME.[1] Nos. 30,433, 30,434, 30,435.Supreme Court of Minnesota. June 14, 1935. [1] Reported in 261 N.W. 472. License — sale or exchange of stock. 1. Defendant corporation amended its articles of incorporation so as to reduce the […]
STATE v. CAVANAUGH, C2-98-1699 (Minn. 9-14-1999)
State v. Timothy Patrick Cavanaugh. No. C2-98-1699.Supreme Court of Minnesota. Decided September 14, 1999. Denied.
HANSON v. HARTMANN, C3-00-160 (Minn.App. 10-24-2000)
Gewain Hanson, d/b/a Willmar Welding and Boiler Repair, Respondent, vs. Michael Hartmann, d/b/a MOM’s Dairy, Appellant. No. C3-00-160.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, […]
CALHOUN REALTY CO. v. EDGEWATER HOLDING CO., 227 Minn. 40 (1948)
33 N.W.2d 842 G. F. LOHMAN, d. b. a. CALHOUN REALTY COMPANY, v. EDGEWATER HOLDING COMPANY AND OTHERS.[1] No. 34,679.Supreme Court of Minnesota. August 27, 1948. [1] Reported in 33 N.W.2d 842. Corporation — directors and stockholders — agreement constituting act of corporation. 1. An agreement entered into between all the members of the board […]
WOLFE-RAGER v. RAGER, A03-1016 (Minn.App. 4-13-2004)
Patrick Martin Wolfe-Rager, petitioner, Respondent, v. Marilyn Joy Rager, Appellant. No. A03-1016.Minnesota Court of Appeals. Filed April 13, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the […]
RASSIER v. Z-PIX COMPUTER GRAPHIC CENTERS, C4-97-379 (Minn.App. 9-9-1997)
JOHN RASSIER, Appellant, v. Z-PIX COMPUTER GRAPHIC CENTERS, INC., Respondent. No. C4-97-379.Minnesota Court of Appeals. Filed September 9, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the […]
STATE v. TITWORTH, 381 N.W.2d 510 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Limous TITWORTH, Appellant. No. C4-85-1218.Minnesota Court of Appeals. February 18, 1986. Review Denied April 18, 1986. Appeal from the District Court, Hennepin County, Chester Durda, J. Syllabus by the Court 1. The evidence is sufficient to sustain appellant’s convictions for criminal sexual conduct and aggravated robbery. 2. The trial court […]
BERENDES v. TARGET CORPORATION, A09-2052 (Minn.App. 6-29-2010)
Anthony Berendes, Relator, v. Target Corporation, Respondent, Department of Employment and Economic Development, Respondent. No. A09-2052.Minnesota Court of Appeals. Filed June 29, 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 […]
BITKER v. COMMISSIONER OF PUBLIC SAFETY, 373 N.W.2d 813 (Minn.App. 1985)
Jerry Dison BITKER, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C2-85-441.Minnesota Court of Appeals. September 3, 1985. Appeal from the Norman County Court, John M. Rue, J. Syllabus by the Court 1. The thirty-day deadline for filing a petition for review of a driver’s license revocation is jurisdictional. 2. Dismissal for lack of […]
NORTHWESTERN NATIONAL BANK v. SIMONS, 308 Minn. 243 (1976)
242 N.W.2d 78 NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS v. GORDON SIMONS, JR., AND OTHERS. LAURIE ANN DAVIES, NOW KNOWN AS LAURIE ANN PECK, APPELLANT. No. 45572.Supreme Court of Minnesota. April 23, 1976. Trusts — construction — purpose. 1. It is axiomatic that a court’s cardinal purpose in construing a trust is to ascertain the intent […]
EGAN SONS CO. v. MEARS PARK DEV. CO., 414 N.W.2d 785 (Minn.App. 1987)
EGAN SONS COMPANY, Respondent, v. MEARS PARK DEVELOPMENT COMPANY, Appellant. No. C2-87-1321.Minnesota Court of Appeals. November 10, 1987. Review Denied January 20, 1988. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Syllabus by the Court 1. Failure to disclose attorney-client relationship by arbitrator constitutes evident partiality. 2. There is insufficient evidence of […]
WILLIAMS v. OLD CHICAGO OF COLORADO, INC., A05-2575 (Minn.App. 8-22-2006)
Felix M. Williams, Relator, v. Old Chicago of Colorado, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A05-2575.Minnesota Court of Appeals. Filed August 22, 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. […]
STATE v. URRUTIA, A04-526 (Minn.App. 12-21-2004)
State of Minnesota, Respondent, v. Theresa Rosa Urrutia, Appellant. No. A04-526.Minnesota Court of Appeals. Filed December 21, 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 […]
McCARRON’S BUILDING CTR. v. TITUS CONSTR., A09-1571 (Minn.App. 6-15-2010)
McCarron’s Building Center, Appellant, v. Titus Construction, Inc., Respondent, Earley Lake Office Park, LLC, Respondent, Equity Properties, LLC, et al., Respondents, Sela New Construction, Respondent, Installed Building Solutions, Respondent. No. A09-1571.Minnesota Court of Appeals. Filed June 15, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished […]
COE v. BYSTROM PRECISION, C9-00-812 (Minn.App. 1-16-2000)
Paul M. Coe, Relator, vs. Bystrom Precision, Respondent, Commissioner of Economic Security, Respondent. No. C9-00-812.Minnesota Court of Appeals. Filed January 16, 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 (2000). […]
WANT SOME WEATHER, INC. v. TUAOLO, A08-1453 (Minn.App. 5-19-2009)
Want Some Weather, Inc., et al., Appellants (A08-1453), Respondents (A08-1475), v. Esera Tuaolo, Respondent (A08-1453), Appellant (A08-1475). Nos. A08-1453, A08-1475.Minnesota Court of Appeals. Filed May 19, 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. […]
MATTER OF THE WELFARE OF THE CHILD OF M. C., A07-98 (Minn.App. 8-21-2007)
In the Matter of the Welfare of the Child of M. C., Parent. No. A07-98.Minnesota Court of Appeals. Filed August 21, 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). […]
BRICKNER v. ONE LAND DEVPT. CO., A06-1940 (Minn. 3-18-2008)
Margaret A. Brickner, et al. v. One Land Development Company, John Andrew Duckwall. Nos. A06-1940 and A06-1957.Supreme Court of Minnesota. Filed: March 18, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
STATE v. STEWART, A09-1300 (Minn.App. 8-31-2010)
State of Minnesota, Respondent, v. Gari Lamont Stewart, Appellant. No. A09-1300.Minnesota Court of Appeals. Filed August 31, 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. HAWKINS, A09-1706 (Minn. 3-30-2010)
State v. Eric James Hawkins. No. A09-1706.Supreme Court of Minnesota. Filed March 30, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
G T TRUCKING CO. v. GFI AMERICA, INC., 535 N.W.2d 658 (Minn.App. 1995)
G T TRUCKING CO., Respondent, v. GFI AMERICA, INC., a/k/a Goldberger Foods, Defendant and Third-Party Plaintiff, Appellants, v. Angelo PEREZ, Third-Party Defendant. No. C0-95-262.Minnesota Court of Appeals. August 8, 1995. Appeal from the District Court, Hennepin County, John J. Sommerville, J. Syllabus by the Court In an action by a common carrier to collect charges […]
STATE v. LEE, A10-1371 (Minn. 8-24-2011)
State v. Angelo Nidina Lee. No. A10-1371.Supreme Court of Minnesota. Filed August 24, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 2
IN RE ESTATE OF CAMERON, A06-2157 (Minn.App. 8-21-2007)
In re the Estate of Robert Buchanen Cameron, a/k/a Robert B. Cameron. No. A06-2157.Minnesota Court of Appeals. Filed August 21, 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 […]
ANDERSON v. CITY OF MINNEAPOLIS, CX-96-1901 (Minn.App. 4-1-1997)
Evelyn Anderson,et al., Appellants, v. City of Minneapolis, Respondent, vs. Avis Rent A Car System, Inc., a foreign corporation, Appellant. No. CX-96-1901.Minnesota Court of Appeals. Filed April 1, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by […]
CONCORDIA COLLEGE v. SALVATION ARMY, 470 N.W.2d 542 (Minn.App. 1991)
CONCORDIA COLLEGE CORPORATION OF MOORHEAD, MINNESOTA, et al., Appellants, v. The SALVATION ARMY, VERONA, NEW JERSEY, et al., Elmer D. Stemsrud, Milan C. Schmiesing, et al., Respondents. No. C7-90-2202.Minnesota Court of Appeals. May 21, 1991. Review Denied August 2, 1991. Appeal from the District Court, Kandiyohi County, John C. Lindstrom, J. Page 543 Syllabus by […]
STATE v. BOGGESS, 312 Minn. 598 (1977)
253 N.W.2d 146 STATE v. LONNIE BOGGESS. No. 46340.Supreme Court of Minnesota. April 15, 1977. Criminal law — conviction of aggravated robbery — sufficiency of evidence. Appeal by Lonnie Boggess from a judgment of the Ramsey County District Court, Otis H. Godfrey, Jr., Judge, whereby he was convicted of aggravated robbery. Affirmed. Page 599 C. […]
GEPHART v. SAFETY SIGNS, LLC, A05-2100 (Minn.App. 4-25-2006)
Anthony K. Gephart, Relator, v. Safety Signs, LLC, Respondent. Department of Employment and Economic Development, Respondent. No. A05-2100.Minnesota Court of Appeals. Filed April 25, 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, […]
STATE v. SALAZAR, A09-0769 (Minn.App. 9-22-2009)
State of Minnesota, Appellant, v. Jorge Salazar, Respondent. No. A09-0769.Minnesota Court of Appeals. Filed September 22, 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 Court, […]
IN RE ESTATE OF OTTO, A06-860 (Minn.App. 5-15-2007)
In re: Estate of Robert W. Otto, a/k/a Robert William Otto and Robert Otto, Deceased. No. A06-860.Minnesota Court of Appeals. Filed May 15, 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. […]
MEEMKEN v. STATE, C2-02-915 (Minn.App. 11-19-2002)
James Meemken, petitioner, Appellant vs. State of Minnesota, Respondent. No. C2-02-915.Minnesota Court of Appeals. Filed November 19, 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 (2002). Appeal from the Stearns […]
STATE v. KURZ, A04-1255 (Minn.App. 12-13-2005)
State v. Kevin Paul Kurz. No. A04-1255.Minnesota Court of Appeals. Filed: December 13, 2005. Stayed Extended
STATE v. KISCH, 355 N.W.2d 503 (Minn.App. 1984)
STATE of Minnesota, Respondent, v. John Ernest KISCH, Appellant. No. C5-84-1377.Minnesota Court of Appeals. October 9, 1984. Appeal from the District Court, Ramsey County, J. Jerome Plunkett, J. Syllabus by the Court The trial court did not err in refusing to reduce the upward durational departure of defendant’s sentence, even though the presumptive sentence under […]
IN RE PETITION FOR DISC. ACTION AGAINST GANT, 782 N.W.2d 829 (Minn. 2010)
In re Petition for DISCIPLINARY ACTION AGAINST Jesse GANT, III, a Minnesota Attorney, Registration No. 214772. No. A09-1998.Supreme Court of Minnesota. June 8, 2010. ORDER In November 2009, the Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging that respondent Jesse Gant, III, committed professional misconduct warranting public discipline, […]
WEST v. WEST, 410 N.W.2d 58 (Minn.App. 1987)
In re the Marriage of Suzanne Weaver WEST, Petitioner, Respondent, v. Paul Richard WEST, Appellant. No. C6-86-2185.Minnesota Court of Appeals. August 11, 1987. Review Denied October 21, 1987. Appeal from the County Court, Dakota County, John J. Daly, J. Page 59 Syllabus by the Court Because there is no express provision in the dissolution decree […]
MATTER OF THE CIVIL COMMITMENT OF FURLOW, C4-03-179 (Minn.App. 6-10-2003)
In the Matter of the Civil Commitment of: Patricia Furlow. No. C4-03-179.Minnesota Court of Appeals. Filed June 10, 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 […]
OTTO v. CITY OF ST. PAUL, 460 N.W.2d 359 (Minn.App. 1990)
Nicholas Lester OTTO, Respondent, v. The CITY OF ST. PAUL, Defendant and Third-Party Plaintiff, Appellant, v. Timothy FUGINA, et al., Third-Party Defendants, Respondents. No. C9-90-712.Minnesota Court of Appeals. September 18, 1990. Appeal from the District Court, Ramsey County, Lawrence Cohen, J. Page 360 Syllabus by the Court A landowner who did not know of a […]
HOTEL RESTAURANT EMPLOYEES’ UNION v. TZAKIS, 227 Minn. 32 (1948)
33 N.W.2d 859 HOTEL RESTAURANT EMPLOYEES’ UNION, LOCAL NO. 556-C, AFFILIATED WITH AMERICAN FEDERATION OF LABOR, v. PETER TZAKIS, INDIVIDUALLY AND d. b. a. MODERN LUNCH BAR AND CAFE.[1] No. 34,771.Supreme Court of Minnesota. August 6, 1948. [1] Reported in 33 N.W.2d 859. Injunction — persons entitled to injunctive relief — labor union or employer […]
DISCIPLINARY ACTION AGAINST MAKI, 449 N.W.2d 712 (Minn. 1989)
In re Petition for DISCIPLINARY ACTION AGAINST Robert V. MAKI, an Attorney at Law of the State of Minnesota. No. C1-89-1623.Supreme Court of Minnesota. December 29, 1989 William J. Wernz, Patrick R. Burns, Office of Lawyers Professional Responsibility, St. Paul, for appellant. Robert V. Maki, Alexandria, for respondent. Heard, considered and decided by the court […]
FRISBIE v. FRISBIE, 226 Minn. 435 (1948)
33 N.W.2d 23 WILLIAM E. FRISBIE AND ANOTHER v. S. ALLEN FRISBIE.[1] No. 34,657.Supreme Court of Minnesota. June 25, 1948. [1] Reported in 83 N.W.2d 23. Appeal and error — review — extent of review — matters of record. Same — reversal — necessity of showing material error. 1. Review on appeal must be limited […]
STATE v. DAVIS, 711 N.W.2d 841 (Minn.App. 2006)
STATE of Minnesota, Respondent, v. Scott Evan DAVIS, Appellant. No. A05-857.Minnesota Court of Appeals. April 11, 2006. Appeal from the District Court, Dakota County, Edward Lynch, J. Page 842 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 843 Syllabus by the Court […]
JOHNSON v. NEWBOLD, A06-760 (Minn.App. 2-27-2007)
Randy Johnson, et al, petitioners, Appellants, v. Randy Newbold, et al., Respondents. No. A06-760.Minnesota Court of Appeals. Filed February 27, 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 […]
AUSEN v. M. ST. P. S. S. M. RY. CO., 193 Minn. 316 (1935)
258 N.W. 511 STANLEY AUSEN v. MINNEAPOLIS, ST. PAUL SAULT STE. MARIE RAILWAY COMPANY AND ANOTHER.[1] No. 29,915.Supreme Court of Minnesota. January 25, 1935. [1] Reported in 258 N.W. 511. Railroad — crossing — obstruction at night — negligence. 1. A railroad company cannot be charged with negligence for failure to protect its train temporarily […]
STATE EX REL. LEZER v. TAHASH, 268 Minn. 571 (1964)
128 N.W.2d 708 STATE EX REL. LLOYD C. LEZER v. RALPH H. TAHASH. No. 39,421.Supreme Court of Minnesota. May 22, 1964. Appeal and error — dismissal — moot case. Appeal by Lloyd C. Lezer from an order of the Washington County District Court, Robert B. Gillespie, Judge, discharging a writ of habeas corpus. Appeal dismissed. […]
IN MATTER OF THE WELFARE OF J.W.C., CX-02-2170 (Minn.App. 8-12-2003)
In the Matter of the Welfare of: J.W.C., A Child. No. CX-02-2170.Minnesota Court of Appeals. Filed August 12, 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 […]
MELBY v. NELSON, 169 Minn. 273 (1926)
211 N.W. 465 JOSEPHINE MELBY v. J.E. NELSON AND OTHERS.[1] No. 25,639.Supreme Court of Minnesota. December 3, 1926. [1] Reported in 211 N.W. 465. When district court can construe a will admitted to probate. 1. The district court, being a court of general jurisdiction, may, as an incident to an action to determine adverse claims, […]
STATE v. SUTTON, 272 Minn. 399 (1965)
138 N.W.2d 46 STATE v. WALLACE W. SUTTON. No. 39,727.Supreme Court of Minnesota. November 12, 1965. Criminal law — identification of accused — sufficiency. 1. Testimony identifying an accused charged with a crime need not be positive and certain, and any uncertainty and indefiniteness affect its weight rather than its admissibility. Same — same — […]
McDONALD v. VOKATY, 288 Minn. 549 (1970)
180 N.W.2d 648 CLYDE F. McDONALD v. W.W. VOKATY. No. 42158.Supreme Court of Minnesota. October 23, 1970. Alienation of affections — verdict for plaintiff — propriety. Action in the Hennepin County District Court for alienation of affections. The case was tried before Luther Sletten, Judge, and a jury, which returned a verdict for plaintiff for […]
LABORDE v. WATSON, C1-02-775 (Minn.App. 12-24-2002)
James A. LaBorde, et al., Appellants, Frank Castleman, et al., Plaintiffs, v. Pearl W. Watson, a/k/a P. W. Watson, a/k/a Pearl Williams Watson, a/k/a Perl Watson, et al., Defendants, Henry J. Hand, Respondent. No. C1-02-775.Minnesota Court of Appeals. Filed December 24, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This […]
MATTER OF THE CHILDREN OF J.J.: A.J., A.P., C9-02-1592 (Minn.App. 4-8-2003)
In the Matter of the Children of: J.J.: A.J., A.P., and T.P. No. C9-02-1592.Minnesota Court of Appeals. Filed: April 8, 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 […]
STATE v. KLEINWACHTER, C5-97-164 (Minn.App. 6-17-1997)
State of Minnesota, Respondent, v. Eugene Francis Kleinwachter, Appellant. No. C5-97-164.Minnesota Court of Appeals. Filed June 17, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
ANDERSON v. STATE, 674 N.W.2d 748 (Minn.App. 2004)
Jeffrey Anderson, et al., Appellants, v. State of Minnesota, Department of Natural Resources, Respondent, John Doe, Defendant, Terry Ricks, d/b/a Ricks Aviation, Respondent, International Paper Co., f/k/a Champion International Corporation, Respondent, and Steven Ellis, Appellant, v. State of Minnesota, Department of Natural Resources, Respondent, John Doe, Defendant, Terry Ricks, d/b/a Ricks Aviation, Respondent. No. A03-679.Minnesota […]
STATE EX REL. PETERSON v. HOLMES, 195 Minn. 423 (1935)
263 N.W. 293 STATE EX REL. HARRY H. PETERSON v. HARRY C. HOLMES.[1] No. 30,488.Supreme Court of Minnesota. November 15, 1935. [1] Reported in 263 N.W. 293. County — county board — filling vacancy — service of notice of special meeting. Where a member of a board of appointment purposely absents himself from the locality […]
HOSKING v. METROPOLITAN HOUSE MOVERS CORP., 272 Minn. 390 (1965)
138 N.W.2d 404 DOROTHY HOSKING v. METROPOLITAN HOUSE MOVERS CORPORATION. No. 39,848.Supreme Court of Minnesota. November 5, 1965. Workmen’s compensation — dispute concerning injury — appointment of neutral physician — discretion of commission. 1. Minn. St. 176.155, subd. 2, provides that in each case of dispute as to the injury the Industrial Commission may upon […]
WEILER v. LUTZ, 501 N.W.2d 667 (Minn.App. 1993)
In re the Matter of the Petition of Ervan Valentine WEILER, et al., Petitioners, Appellants, v. Victoria LUTZ, Washington County Community Services, Respondents. No. CX-93-6.Minnesota Court of Appeals. June 15, 1993. Review Granted August 6, 1993. Appeal from the District Court, Washington County, David E. Doyscher, J. Page 668 Syllabus by the Court 1. Foster […]
EQUICO SEC. v. WANG, C5-00-1424 (Minn.App. 3-20-2001)
C8-00-1675 Equico Securities, Inc. n/k/a EQ Financial Consultants, Inc., et al., Respondents, v. Theresa Wang, et al., Appellants. No. C5-00-1424.Minnesota Court of Appeals. Filed March 20, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. […]
STATE v. BELTOWSKI, 281 Minn. 28 (1968)
160 N.W.2d 705 STATE v. JOHN F. BELTOWSKI.[*] No. 40,415.Supreme Court of Minnesota. July 19, 1968. [*] Certiorari denied, 393 U.S. 988, 89 S.Ct. 468, 21 L. ed. 2d 450. Criminal law — burglary conviction — claimed errors. Numerous claimed errors raised upon defendant’s appeal from a judgment of conviction of the crime of burglary […]
TCHIDA v. POLICE OFFICERS’ FEDERATION, 375 N.W.2d 856 (Minn.App. 1985)
Rodney TCHIDA, Appellant, v. POLICE OFFICERS’ FEDERATION OF MINNEAPOLIS, Respondent. No. C6-85-894.Minnesota Court of Appeals. October 22, 1985. Review Denied December 30, 1985. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Syllabus by the Court 1. A union’s duty of fair representation does not arise at a department disciplinary hearing unless the […]
SERVICEMASTER v. GAB BUSINESS SERVICES, INC., 544 N.W.2d 302 (Minn. 1996)
SERVICEMASTER OF ST. CLOUD, Respondent, v. GAB BUSINESS SERVICES, INC., Respondent, Sentry Insurance, a Mutual Company, Appellant. No. C9-94-1335.Supreme Court of Minnesota. March 8, 1996 Appeal from the District Court, Stearns County, Elizabeth A. Hayden, J. Page 303 Syllabus by the Court 1. Home repair contractor who declined to pursue statutory and constitutional lien remedies […]
PENDLETON v. PENDLETON, CX-00-429 (Minn.App. 8-29-2000)
David George Pendleton, petitioner, Appellant, vs. Julie Ann Pendleton, Respondent. No. CX-00-429.Minnesota Court of Appeals. Filed August 29, 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 […]
STATE FARM FIRE CAS. CO. v. STROPE, 481 N.W.2d 853 (Minn.App. 1992)
STATE FARM FIRE CASUALTY CO., Respondent, v. David STROPE, et al., Respondents. WESTERN NATIONAL MUTUAL INSURANCE CO., Appellant, v. David STROPE, Respondent. David STROPE, Defendant and Third-Party Plaintiff, Respondent, v. STATE FARM FIRE AND CASUALTY CO., Third-Party Defendant, Respondent. No. CX-91-1488.Minnesota Court of Appeals. March 3, 1992. Review Denied May 15, 1992. Appeal from the […]
BARIL v. FIGGE, 305 N.W.2d 351 (Minn. 1981)
In re the Marriage of Sally Jane Figge BARIL, Respondent, v. Kenneth John FIGGE, Appellant. No. 50823.Supreme Court of Minnesota. May 8, 1981. Appeal from the Ramsey County District Court, William J. Fleming, J. Page 352 Lapp, Lazar, Laurie Smith and Raymond M. Lazar, O. C. Adamson II, Minneapolis for appellant. Sinclair Pardee and Gordon […]
SAUNDERSON v. HAAS, 190 Minn. 431 (1934)
252 N.W. 83 R. A. SAUNDERSON v. ANNIE HAAS. ANNIE HAAS v. R. A. SAUNDERSON AND ANOTHER.[1] Nos. 29,650, 29,697.Supreme Court of Minnesota. January 5, 1934. [1] Reported in 252 N.W. 83. Pleading — reply — striking as sham. 1. The municipal court acted upon a sufficient showing in striking a reply as sham and […]
STATE v. HENNESSY, C1-96-54 (Minn.App. 8-6-1996)
STATE OF MINNESOTA, Respondent, v. ROBERT LAVERN HENNESSY, petitioner, Appellant. No. C1-96-54.Minnesota Court of Appeals. Filed August 6, 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. sec. 480A.08, § 3 (1994). Appeal from the […]
WHITE v. WHITE, 676 N.W.2d 682 (Minn.App. 2004)
Yvonne H. White, Appellant, v. Gerald White, et al., Respondents. No. A03-1315.Minnesota Court of Appeals. Filed: March 30, 2004. Appeal from the District Court, Hennepin County, File No. Pi 02-015440. SYLLABUS When an owner of a motor vehicle is also the operator, there is no coverage for an injured third party under Minn. Stat. § […]
IN RE MARRIAGE OF SOLSRUD v. SOLSRUD, A10-439 (Minn.App. 12-21-2010)
In re the Marriage of: David A. Solsrud, petitioner, Respondent, v. Debra O. Solsrud, Appellant. No. A10-439.Minnesota Court of Appeals. Filed December 21, 2010. Page 1 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § […]
TATE v. TATE, C5-96-624 (Minn.App. 8-20-1996)
In Re the Marriage of: Lori Beth Tate, petitioner, Respondent, vs. Bobby Dean Tate, Appellant. No. C5-96-624, C2-96-659.Minnesota Court of Appeals. Filed August 20, 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, […]
STATE v. OSOWSKI, A07-0760 (Minn.App. 4-22-2008)
State of Minnesota, Respondent, v. Joseph Mathias Osowski, Appellant. No. A07-0760.Minnesota Court of Appeals. Filed April 22, 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 […]
IN RE ESTATE OF SHERK, 191 Minn. 143 (1934)
253 N.W. 365 IN RE ESTATE OF THOMAS A. SHERK. MARGARET SHERK JACOBSON v. MANKATO LOAN TRUST COMPANY AND OTHERS.[1] No. 29,866.Supreme Court of Minnesota. March 2, 1934. [1] Reported in 253 N.W. 365. Will — testamentary trust — validity — annuities. Testator placed $200,000 in trust, the income thereof each year to go to […]
NELSON v. CITY OF ST. PAUL, 256 N.W.2d 639 (Minn. 1977)
Gust NELSON and Alvina Nelson, husband and wife, Respondents, v. CITY OF ST. PAUL, Appellant. No. 47062.Supreme Court of Minnesota. July 15, 1977. Appeal from the District Court, Ramsey County, Leslie L. Anderson, Retired Judge. Harriet Lansing, City Atty., Jerome J. Segal, Asst. City Atty., St. Paul, for appellant. Lais, Bannigan Ciresi and Donald L. […]
BROTON v. WESTERN NAT. MUT. INS. CO., 413 N.W.2d 829 (Minn.App. 1987)
William BROTON, as parent and natural guardian of John Broton, a minor, Respondent, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Appellant, State Farm Mutual Automobile Insurance Company, Defendant. No. CO-87-1124.Minnesota Court of Appeals. October 20, 1987. Review Granted December 23, 1987. Appeal from the District Court, Olmsted County, Roger S. Plunkett, J. Page 830 Syllabus by […]
STATE v. ENGER, A05-2117 (Minn.App. 8-15-2006)
State of Minnesota, Respondent, v. Alan T. Enger, Appellant. No. A05-2117.Minnesota Court of Appeals. Filed August 15, 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 […]
IN RE ASSESSMENT FOR MISSISSIPPI RIVER BOULEVARD, 169 Minn. 231 (1926)
211 N.W. 9 IN RE ASSESSMENT FOR PAVING MISSISSIPPI RIVER BOULEVARD.[1] No. 25,613.Supreme Court of Minnesota. November 26, 1926. [1] Reported in 211 N.W. 9. Special assessment was made on erroneous principle of law and confiscatory. 1. The evidence supports a finding that a special assessment upon respondent’s property was made on an erroneous principle […]
FRIESEN’S, INC., v. LARSON, 443 N.W.2d 830 (Minn. 1989)
FRIESEN’S, INC., et al., Appellants, v. Arnold LARSON, Donovan, McCarthy, Crassweller, Larson Magie, P.A., James Balmer, et al., Respondents. No. C7-88-1891.Supreme Court of Minnesota. August 11, 1989. Syllabus by the Court Summary judgment is appropriate where there exist no genuine issues of material fact regarding causation with regard to defendant’s alleged negligence. Court of Appeals. […]
BECKER v. SCHELLINGER, 307 Minn. 512 (1976)
238 N.W.2d 889 FRANK BECKER v. FRANCIS C. SCHELLINGER AND ANOTHER. No. 45733.Supreme Court of Minnesota. February 20, 1976. Workers’ compensation — compensation proceeding — denial of claim for benefits — propriety. Certiorari upon the relation of Frank Becker, employee, to review a decision of the Workers’ Compensation Board limiting an award for temporary partial […]
NELSON v. CITY OF BIRCHWOOD, A09-230 (Minn.App. 10-27-2009)
James P. Nelson, et al., Appellants, v. City of Birchwood, Respondent, White Bear Lake Conservation District, Respondent. No. A09-230.Minnesota Court of Appeals. Filed October 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. § […]
FIRST FARMERS STATE BANK, BY PEYTON, v. CROSBY, 191 Minn. 566 (1934)
256 N.W. 315 FIRST FARMERS STATE BANK OF GHENT, BY J. N. PEYTON, v. JAMES T. CROSBY AND OTHERS.[1] No. 29,812.Supreme Court of Minnesota. May 18, 1934. [1] Reported in 256 N.W. 315. Chattel mortgage — sale of property by mortgagor — ratification by mortgagee — estoppel. 1. The evidence shows conclusively that plaintiff bank, […]
McCARTHY v. COM’R OF PUBLIC SAFETY, 477 N.W.2d 540 (Minn.App. 1991)
James Arthur McCARTHY, Petitioner, Respondent (C6-91-1729), Albert Theodore Annexstad, Petitioner, Respondent (C3-91-1753), Craig Durand Kinkel, Petitioner, Respondent (C4-91-1762), v. COMMISSIONER OF PUBLIC SAFETY, Appellant. Nos. C6-91-1729, C3-91-1753 and C4-91-1762.Minnesota Court of Appeals. November 19, 1991. Review Denied January 17, 1992. Appeal from the District Court, Dakota County, Duane R. Harves and Charles A. Porter, Jr., […]
STATE v. CASE, 350 N.W.2d 473 (Minn.App. 1984)
STATE of Minnesota, Appellant, v. David William CASE, Respondent. No. C9-84-216.Minnesota Court of Appeals. June 26, 1984. Appeal from the District Court, Hennepin County, Neil A. Riley, J. Page 474 Syllabus by the Court It was within the trial court’s discretion, based on recommendations of the court psychologist and probation officer, to depart dispositionally from […]
HENNEPIN COUNTY v. GRIFFIN, 429 N.W.2d 283 (Minn.App. 1988)
HENNEPIN COUNTY and Laura Kay Soland, Petitioners, Respondents, v. Richard Henry GRIFFIN, Appellant. No. C7-88-1664.Minnesota Court of Appeals. September 20, 1988. Appeal from the District Court, Hennepin County, Mary D. Winter, J. Syllabus by the Court Orders granting or denying temporary relief in paternity and dissolution actions are not appealable. Thomas L. Johnson, Hennepin Co. […]
STATE v. KENDALL, A11-378 (Minn.App. 6-20-2011)
State of Minnesota, Appellant, v. Rory Alexander Kendall, Respondent. No. A11-378.Minnesota Court of Appeals. Filed June 20, 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 […]
FARMERS STATE BANK v. ANDERSON, 195 Minn. 475 (1935)
263 N.W. 443 FARMERS STATE BANK OF WAUBUN v. S. J. ANDERSON AND OTHERS.[1] No. 30,490.Supreme Court of Minnesota. November 22, 1935. [1] Reported in 263 N.W. 443. Principal and agent — evidence of agency — sufficiency. 1. The finding by the trial court that A.F. Schirber, who, in the name of S.J. Anderson, the […]
STATE v. SREY, 396 N.W.2d 701 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Prudence Elaine SREY, a/k/a Rachael P. Ward, Appellant. No. C6-86-906.Minnesota Court of Appeals. December 2, 1986. Review Granted January 16, 1987. Appeal from the District Court, Ramsey County, Charles A. Flinn, J. Page 702 Syllabus by the Court Hubert H. Humphrey, III, Atty. Gen., Thomas Foley, Ramsey Co. Atty., Darrell […]
STATE v. HANSEN, 309 Minn. 316 (1976)
244 N.W.2d 158 STATE v. JACK B. HANSEN. JACK B. HANSEN v. STATE. Nos. 45015, 45902.Supreme Court of Minnesota. July 9, 1976. Criminal law — right to counsel — adequacy of representation. Appeal by Jack B. Hansen from a judgment of the Hennepin County District Court, Thomas Tallakson, Judge, whereby he was convicted of aggravated […]
WAGNER v. MINNEAPOLIS PUBLIC SCHOOLS, 581 N.W.2d 49 (Minn.App. 1998)
Thomas S. WAGNER, Relator, v. MINNEAPOLIS PUBLIC SCHOOLS, Special School District No. 1., Respondent. No. C0-98-227.Minnesota Court of Appeals. July 7, 1998. Appeal from the Court of Appeals, Schumacher, J. Page 50 Syllabus by the Court A veteran is entitled to compensation until he has had a formal hearing pursuant to Minn.Stat. § 197.46 (1996). […]
STATE v. HICKS, A07-1837 (Minn. 3-31-2009)
State v. Edward L. Hicks. No. A07-1837.Supreme Court of Minnesota. Filed March 31, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
OLSON v. SHORT STOP ELECTRIC, 603 N.W.2d 325 (Minn. 1999)
Chad Olson, Respondent, vs. Short Stop Electric and Meridian Insurance Company, Relators. No. C0-99-1856.Supreme Court of Minnesota. Filed: December 22, 1999. James R. Waldhauser, Cousineau, McGuire Anderson, Chartered, Minneapolis, for relators. David C. Sandberg, Butts, Sandberg Schneider, Forest Lake, for respondent. Considered and decided by the court en banc. ORDER Based upon all the files, […]
STATE v. RAMEY, A10-647 (Minn.App. 3-15-2011)
State of Minnesota, Respondent, v. Scott Wade Ramey, Appellant. No. A10-647.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 […]
MAGONE v. DENMARK TOWNSHIP, C7-02-1932 (Minn.App. 7-3-2003)
Ronald Magone, et al., Appellants, vs. Denmark Township, Respondent. No. C7-02-1932.Minnesota Court of Appeals. Filed July 3, 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 Washington […]
CUP FOODS, INC. v. CITY OF MINNEAPOLIS, 633 N.W.2d 557 (Minn.App. 2001)
CUP Foods, Inc., a Minnesota Corporation, and its President Samir Hamaden Abumayyaleh, Relators, vs. City of Minneapolis, Respondent. No. C2-01-399.Minnesota Court of Appeals. Filed September 11, 2001. Appeal from City of Minneapolis, Docket No. 9-2110-12612-3 Page 558 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]
JOPP v. AUTO-OWNERS INS., 376 N.W.2d 535 (Minn.App. 1985)
Roger JOPP, Respondent, v. AUTO-OWNERS INSURANCE, Appellant. No. C7-85-1231.Minnesota Court of Appeals. November 19, 1985. Appeal from the District Court, Kittson County, Russell A. Anderson, J. Syllabus by the Court Appellant was not excluded from no-fault coverage for injuries caused by a racing vehicle in the parking lot after the races were over. Robert M. […]
STATE v. SKIBA, A10-1772 (Minn. 10-26-2011)
State v. Joseph Edward Skiba. No. A10-1772.Supreme Court of Minnesota. Filed October 26, 2011. ORDER ON PETITION FOR FURTHER REVIEW Denied Page 1
STATE v. GEMELLI, A08-1605 (Minn.App. 10-20-2009)
State of Minnesota, Respondent, v. Dominic NMN Gemelli, Appellant. No. A08-1605.Minnesota Court of Appeals. Filed October 20, 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 […]
WILLS v. CITIZENS STATE BANK OF SILVER LAKE, 399 N.W.2d 626 (Minn.App. 1987)
Earl George WILLS, et al., Plaintiffs, v. CITIZENS STATE BANK OF SILVER LAKE, Minnesota, Respondent, Henry Wiedenroth, et al., Third Party Plaintiffs, Appellants. No. C5-86-1318.Minnesota Court of Appeals. January 27, 1987. Appeal from the District Court, McLeod County, Martin J. Mansur, J. Page 627 Syllabus by the Court Appellants are collaterally estopped from raising issues […]
STATE v. WITTMER, C7-96-2262 (Minn.App. 7-22-1997)
State of Minnesota, Respondent, v. John Alan Wittmer, Appellant. No. C7-96-2262.Minnesota Court of Appeals. Filed July 22, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]