76 N.W.2d 708 IN RE APPLICATION OF AMERICAN FINNISH WORKERS SOCIETY FOR DISSOLUTION. AMERICAN FINNISH WORKERS SOCIETY AND ANOTHER. VICTOR TIKKANEN AND OTHERS, INTERVENORS. STATE OF MINNESOTA, INTERVENOR.[1] No. 36,796.Supreme Court of Minnesota. March 16, 1956. [1] Reported in 76 N.W.2d 708. Appeal and error — time for appeal — final order in special proceedings. […]
Category: Minnesota Court Opinions
STATE v. ROTHER, A04-2279 (Minn.App. 10-4-2005)
State of Minnesota, Respondent, v. Robert John Rother, Appellant. No. A04-2279.Minnesota Court of Appeals. Filed October 4, 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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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 (2004). Appeal from the District […]
METCALFE v. FIRST NATIONAL BANK, 187 Minn. 485 (1932)
246 N.W. 28 ANNA C. METCALFE v. FIRST NATIONAL BANK OF MINNEAPOLIS AND ANOTHER.[1] No. 29,174.Supreme Court of Minnesota. December 16, 1932. [1] Reported in 246 N.W. 28. Workmen’s compensation act — finding as to duration of period of disability. Employe sustained an accidental injury which arose out of and in the course of her […]
THOM v. NORTHERN PACIFIC RY. CO., 190 Minn. 622 (1934)
252 N.W. 660 ARTHUR E. THOM v. NORTHERN PACIFIC RAILWAY COMPANY.[1] No. 29,719.Supreme Court of Minnesota. February 2, 1934. [1] Reported in 252 N.W. 660. Appeal and error — review — judgment after denial of judgment notwithstanding. Judgment — notwithstanding verdict. 1. Where the only motion made by defendant was for judgment notwithstanding the verdict, […]
INDEPENDENT SCHOOL DIST. 709 v. HANSEN, 412 N.W.2d 320 (Minn.App. 1987)
INDEPENDENT SCHOOL DISTRICT NO. 709, Duluth, Minnesota, Relator, v. Peter C. HANSEN, Commissioner of Jobs and Training, Respondents. No. C2-87-668.Minnesota Court of Appeals. September 15, 1987. Page 321 Syllabus by the Court 1. Under the particular facts of this case, respondent’s falsification of his job application did not constitute misconduct for unemployment compensation purposes. 2. […]
STATE v. LIIMATAINEN, A07-0078 (Minn.App. 2-12-2008)
State of Minnesota, Respondent, v. Darren Ray Liimatainen, Appellant. No. A07-0078.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 [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn.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. 3 (2006). Appeal from the District […]
IN THE MATTER OF KIMMEL, 347 N.W.2d 52 (Minn. 1984)
In the Matter of the Application for the Discipline of Harold D. KIMMEL, Jr., an Attorney at Law of the State of Minnesota. No. C1-81-955.Supreme Court of Minnesota. April 18, 1984. Review Denied July 26, 1984. ORDER WHEREAS, by decision of this court filed July 23, 1982 In re Kimmel, 322 N.W.2d 224 (Minn. 1982), […]
ORDERS ON PETITIONS FOR FURTHER REVIEW (Minn. 4-28-2004)
ORDERS ON PETITIONS FOR FURTHER REVIEWSupreme Court of Minnesota. April 28, 2004 1. Cheryl Rowe v. Mohamed Munye A03-465 Granted 2. James A. Heine v. Valerie Simon A03-710 Granted 3. Joanne Fay v. St. Louis County Board of Commissioners A03-1443 Denied 4. State v. Umer Mohammed Masood A03-81 Denied 5. State v. Monty William Lyons […]
STATE v. WARD, 369 N.W.2d 293 (Minn. 1985)
STATE of Minnesota, Respondent, v. Herbert Stanley WARD, Appellant. No. C1-83-205.Supreme Court of Minnesota. June 14, 1985. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Syllabus by the Court Proof by clear and convincing evidence that a person is dangerous to the public because of his mental or physical deficiency, disorder or […]
ROEDER v. NORTH AMERICAN LIFE INS. CO., 259 Minn. 168 (1960)
106 N.W.2d 624 ELAINE J. ROEDER v. NORTH AMERICAN LIFE INSURANCE COMPANY OF CHICAGO. No. 38,004.Supreme Court of Minnesota. December 9, 1960. Appeal and error — review — view of evidence. 1. Where an appeal involves the sufficiency of the evidence to justify a verdict, the supreme court will take that view of the evidence […]
URBAN v. AMERICAN LEGION DEPT. OF MINNESOTA, 723 N.W.2d 1 (Minn. 2006)
Marcus Robert URBAN, et al., Appellants, v. The AMERICAN LEGION DEPARTMENT OF MINNESOTA, Respondent, The American Legion and its Subdivisions, Respondent. No. A04-1409.Supreme Court of Minnesota. October 19, 2006. Appeal from the District Court, Goodhue County, Thomas William Bibus, J. Page 2 SYLLABUS Vicarious liability under the Civil Damages Act for illegal alcohol distribution is […]
STATE v. ANDERSON, 247 Minn. 469 (1956)
78 N.W.2d 320 STATE v. JAMES R. ANDERSON. No. 36,731.Supreme Court of Minnesota. June 15, 1956. Negligence — negligence of auto driver — criminal liability. 1. Where evidence is such that jury might find that defendant while intoxicated drove automobile involved in fatal accident, negligence of decedent passenger in permitting defendant to drive while he […]
KUTINA v. COMBS, 180 Minn. 467 (1930)
231 N.W. 194 EVA KUTINA v. HENRY COMBS, SR. AND ANOTHER.[1] No. 27,920.Supreme Court of Minnesota. May 29, 1930. [1] Reported in 231 N.W. 194. Findings for plaintiff sustained. 1. The findings of fact in the case are sustained by the evidence. Defendant not harmed by dismissal of codefendant erroneously joined. 2. The dismissal of […]
KOLARS v. REZNICEK, 177 Minn. 616 (1929)
224 N.W. 854 CHARLES C. KOLARS v. JOSEPH F. REZNICEK AND OTHERS.[1] No. 27,120.Supreme Court of Minnesota. April 12, 1929. [1] Reported in 224 N.W. 854. Demurrer sustained. The court will not entertain an injunction suit by a private person to enjoin a domestic fraternal insurance association from accepting applications of women for membership; G. […]
STATE v. AVEEN, 284 Minn. 194 (1969)
169 N.W.2d 749 STATE v. GEORGE AVEEN, JR. No. 41149.Supreme Court of Minnesota. July 25, 1969. Criminal law — rape — admissibility — evidence of prior chastity of complaining witness. Evidence of the prior chastity of the complaining witness in a rape case was not inadmissible, even though defendant offered no evidence directly attacking her […]
IN RE MARRIAGE: HOPPE v. HOPPE, A06-98 (Minn.App. 1-30-2007)
In re the Marriage of: Pamela Jean Hoppe, petitioner, Respondent, vs. Kevin Dean Hoppe, Appellant, County of Anoka, intervenor, Respondent. No. A06-98.Minnesota Court of Appeals. Filed January 30, 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 […]
KJENSTAD v. DecoPAC, INC., A04-330 (Minn.App. 9-7-2004)
Mary S. Kjenstad, Relator, v. DecoPac, Inc., Respondent, Commissioner of Employment and Economic Development, Respondent. No. A04-330.Minnesota Court of Appeals. Filed September 7, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
WEST v. STATE, 390 N.W.2d 368 (Minn.App. 1986)
Terry Lee WEST, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C7-86-476.Minnesota Court of Appeals. July 15, 1986. Review Denied August 27, 1986. Appeal from the District Court, Hennepin County, Robert H. Schumacher, J. Page 369 Syllabus by the Court Evidence was sufficient to convict appellant of attempted murder in the second degree and assault […]
STATE v. YANG, C7-01-897 (Minn.App. 4-9-2002)
State of Minnesota, Respondent, vs. Bee Yang, Appellant. No. C7-01-897.Minnesota Court of Appeals. Filed April 9, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District Court, […]
STATE v. KABANUK, C6-01-986 (Minn.App. 11-20-2001)
State of Minnesota, Appellant, v. Lance Elliott Kabanuk, Respondent. No. C6-01-986.Minnesota Court of Appeals. Filed November 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. § 480A.08, subd. 3 (2000). Appeal from the District […]
IN RE ODELL, 296 Minn. 514 (1973)
207 N.W.2d 528 IN RE APPLICATION FOR DISCIPLINE OF WALLACE C. ODELL. No. 44165.Supreme Court of Minnesota. May 11, 1973. Attorney and client — disciplinary proceeding — suspension of attorney. Proceeding upon the petition of the administrative director on professional conduct at the direction of the State Board of Professional Responsibility for the discipline of […]
MANENOH v. STATE, A08-0324 (Minn.App. 1-20-2009)
Kitwana Ramadhani Manenoh, petitioner, Appellant, v. State of Minnesota, Respondent. No. A08-0324.Minnesota Court of Appeals. Filed January 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 […]
DAVISCO FOODS INTL. v. BLACKWATER PROP., C4-00-1723 (Minn.App. 6-4-2001)
Davisco Foods International, Inc., d/b/a/ Cohasset Tile Co., Appellant, v. Blackwater Properties, L.L.P., Defendant, Hackman Capital Partners, L.L.C., Respondent, vs. Technimar Acquisition Group, L.L.C., third-party defendant, Respondent. No. C4-00-1723.Minnesota Court of Appeals. Filed June 4, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may […]
IN RE DISCIPLINARY ACTION AGAINST DODGE, 706 N.W.2d 57 (Minn. 2005)
In re Petition for DISCIPLINARY ACTION AGAINST Dale Charles DODGE, Jr., a Minnesota Attorney, Registration No. 298001. No. A05-2144.Supreme Court of Minnesota. November 28, 2005. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Dale Charles Dodge, Jr., has committed professional misconduct warranting public […]
EID v. HODSON, 542 N.W.2d 402 (Minn.App. 1996)
Norman EID, et al., Respondents, v. Dennis HODSON, et al., Appellants, Scandy Concrete Company, Defendants. No. C2-95-1686.Minnesota Court of Appeals. January 30, 1996. Appeal from the District Court, Hennepin County, Peter J. Lindberg, J. Page 403 Syllabus When a judgment omits a finding that is clearly apparent on the face of the record, the trial […]
GROSKLAGS v. COMMR. OF PUBLIC SAFETY, CX-01-912 (Minn.App. 11-20-2001)
Brett Richard Grosklags, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. CX-01-912.Minnesota Court of Appeals. Filed November 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. § 480A.08, subd. 3 (2000). Appeal from […]
TURENNE v. SMITH, 215 Minn. 64 (1943)
9 N.W.2d 409 JOSEPH A. TURENNE v. HOMER SMITH.[1] No. 33,413.Supreme Court of Minnesota. April 16, 1943. [1] Reported in 9 N.W.2d 409. Negligence — exercise of care and judgment required of children. 1. A child is bound to exercise such care, judgment, and discretion as might reasonably be expected from one of his age, […]
PAULL v. COLUMBIAN NAT. FIRE INS. CO., 171 Minn. 118 (1927)
213 N.W. 539 SARAH E. PAULL AND ANOTHER v. COLUMBIAN NATIONAL FIRE INSURANCE COMPANY AND ANOTHER.[1] No. 25,906.Supreme Court of Minnesota. April 14, 1927. [1] Reported in 213 N.W. 539. Where no objection or exception, ruling allowing amendment of answer cannot be reviewed. 1. The ruling permitting an amendment of the answer at the trial […]
KOLKIN v. AMERICAN FAMILY INS. CO, 347 N.W.2d 538 (Minn.App. 1984)
Harold Elmer KOLKIN, Jr., Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, Respondent. No. C6-83-1717.Minnesota Court of Appeals. May 1, 1984. Appealed from the District Court, Beltrami County, James E. Preece, J. Page 539 Syllabus by the Court Injuries sustained by a snowmobile operator when he struck a stationary, unoccupied automobile which protruded into the traveled portion […]
JONES v. SIMMONS, A05-1325 (Minn.App. 5-16-2006)
Kim R. Jones, f/k/a Kim R. Schneier, n/k/a Kim R. Brown, petitioner, Appellant, v. Lon L. Simmons, Respondent. No. A05-1325.Minnesota Court of Appeals. Filed May 16, 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. […]
ACUITY INS. CO. v. R H PAINTING, A06-2399 (Minn.App. 12-11-2007)
Acuity Insurance Company, Respondent, v. R H Painting, Inc., Appellant. No. A06-2399.Minnesota Court of Appeals. Filed December 11, 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 […]
STATE v. NATHE, C2-98-827 (Minn.App. 1-5-1999)
State of Minnesota, Respondent, v. Troy Valerian Nathe, Appellant. No. C2-98-827.Minnesota Court of Appeals. Filed January 5, 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 (1996). Appeal from the District […]
STATE v. JOSLIN, 406 N.W.2d 99 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Gregory Scott JOSLIN, Petitioner, Appellant. No. C8-86-2074.Minnesota Court of Appeals. May 26, 1987. Review Denied June 30, 1987. Appeal from the District Court, Olmsted County, O. Russell Olson, J. Syllabus by the Court Upward departure for attempted murder in the second degree was justified by particular cruelty to the victim. […]
STATE v. RYMER, C9-01-1033 (Minn.App. 4-9-2002)
State of Minnesota, Respondent, v. Richard Allan Rymer, Appellant. No. C9-01-1033.Minnesota Court of Appeals. Filed April 9, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
STATE v. HICKS, A08-1350 (Minn.App. 7-14-2009)
State of Minnesota, Respondent, v. Orpheus Odel Hicks, Appellant. No. A08-1350.Minnesota Court of Appeals. Filed July 14, 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 […]
STATE EX REL. FLORRELL v. MANGNI, 230 Minn. 518 (1950)
42 N.W.2d 529 STATE EX REL. WILLIAM FLORRELL AND OTHERS v. RINEHOLD MANGNI AND OTHERS.[1] No. 35,002.Supreme Court of Minnesota. April 6, 1950. [1] Reported in 42 N.W.2d 529. Municipal corporation — employes — civil service classification of Minneapolis truck drivers. Where the civil service commission of Minneapolis consolidated the classification of tractor operators with […]
LARSON v. SVENTEK, 211 Minn. 385 (1941)
1 N.W.2d 608 LAMBERT LARSON v. JOHN SVENTEK AND ANOTHER.[1] No. 32,659.Supreme Court of Minnesota. December 19, 1941. [1] Reported in 1 N.W.2d 608. Appeal and error — review — prejudicial effect of error in charge — question for trial court. 1. Whether error in charge was prejudicial and likely to or did mislead or […]
STATE BANK OF ROSE CREEK v. COMMERCE COM’N, 305 N.W.2d 794 (Minn. 1981)
STATE BANK OF ROSE CREEK, Respondent, v. COMMERCE COMMISSION of the State of Minnesota, Appellant, and STATE BANK OF ROSE CREEK, petitioner, Respondent, v. Michael J. PINT, Commissioner of Banks, Appellant. No. 51662.Supreme Court of Minnesota. May 22, 1981. Appeal from the District Court, Ramsey County, Archie Gingold, J. Warren Spannaus, Atty. Gen., and Jacqueline […]
IN RE RAISANEN, 789 N.W.2d 227 (Minn. 2010)
In re Petition for Transfer to Disability Status of Gordon Paul RAISANEN, a Minnesota Attorney, Registration No. 274021. No. A10-1468.Supreme Court of Minnesota. October 12, 2010. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition under Rule 28(a), Rules on Lawyers Professional Responsibility (RLPR), for transfer to disability inactive status […]
IN RE GUARDIANSHIP OF STEINHAUS, 349 N.W.2d 857 (Minn.App. 1984)
In re The GUARDIANSHIP OF Everett STEINHAUS. No. C7-83-1807.Minnesota Court of Appeals. June 19, 1984. Appeal from the County Court, Otter Tail County, Harlan Nelson, J. Syllabus by the Court The probate court has no jurisdiction to reform a contract for the sale of real Page 858 property of a ward between the guardian and […]
MEYER v. NWOKEDI, A08-250 (Minn. 3-31-2009)
Nancy M. Meyer, as trustee for the heirs of Margaret Mphosi, deceased, et al., and Nancy M. Meyer, as guardian ad litem for Lucas Mphosi, injured, et al. v. Bibian Nwokedi, Enterprise Rent A Car Co. of Montana/Wyoming, d/b/a Enterprise Rent A Car of the Dakotas/Nebraska. No. A08-250.Supreme Court of Minnesota. Filed March 31, 2009. […]
OMAN v. BALFANY, 161 Minn. 429 (1925)
201 N.W. 916 JOSEPH P. OMAN v. ADOLPH M. BALFANY AND OTHERS.[1] No. 24,264.Supreme Court of Minnesota. January 16, 1925. [1] Reported in 201 N.W. 916. Purchaser not entitled to lien against vendors for part payment of purchase price. A purchaser who pays an encumbrance which he had agreed to pay as a part of […]
TANDEM PROPERTIES v. A.B.S. SVCS., C4-98-1834 (Minn.App. 4-6-1999)
Tandem Properties, Respondent, v. A.B.S. Services, Inc., d/b/a A.B.S. Lawn and Landscape, Appellant. No. C4-98-1834.Minnesota Court of Appeals. Filed April 6, 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) […]
BADGER STATE MUT. CAS. CO. v. SWENSON, 404 N.W.2d 877 (Minn.App. 1987)
BADGER STATE MUTUAL CASUALTY COMPANY, Appellant, v. Randy J. SWENSON, Matthew R. Ashley, Terri Jenner, Pauline Wallraff, et al., Respondents. No. C4-86-2055.Minnesota Court of Appeals. May 5, 1987. Appeal from the District Court, Washington County, Esther Tomljanovich, J. Syllabus by the Court 1. The trial court did not err in concluding the insured was the […]
KARASEK v. KARASEK, A08-0643 (Minn.App. 3-24-2009)
Autumn Michelle Karasek, petitioner, Respondent, v. Jason James Karasek, Appellant. No. A08-0643.Minnesota Court of Appeals. Filed March 24, 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 (2006). Appeal from the […]
STATE v. GOBLIRSCH, 309 Minn. 401 (1976)
246 N.W.2d 12 STATE v. MICHAEL GOBLIRSCH. No. 45964.Supreme Court of Minnesota. July 23, 1976. Criminal law — manslaughter conviction — sufficiency of evidence — use of phrase “battered child syndrome” — refusal to admit results of polygraph test. Upon defendant’s appeal from conviction of first-degree manslaughter in a prosecution charging an intentional assault upon […]
MUELLER v. COMMISSIONER OF ECON. SEC., 633 N.W.2d 91 (Minn.App. 2001)
Donna M. Mueller, Relator, vs. Commissioner of Economic Security, Respondent. No. C7-01-186Minnesota Court of Appeals. Filed September 18, 2001 Appeal from the Department of Economic Security, File No. 764000 SYLLABUS An applicant for unemployment-compensation benefits whose physical or mental condition restricts her availability for work is not exempt from the requirement of Minn. Stat. § […]
STATE v. REAN, 353 N.W.2d 562 (Minn. 1984)
STATE of Minnesota, Respondent, v. Richard Rex REAN, Appellant. No. C9-83-383.Supreme Court of Minnesota. August 31, 1984. Appeal from the District Court, Sherburne County, Carroll E. Larson, J. Page 563 Syllabus by the Court Defendant received a fair trial and was properly found guilty of burglary; the trial court properly denied motion for new trial […]
STATE v. L’ITALIEN, 355 N.W.2d 709 (Minn. 1984)
STATE of Minnesota, Respondent, v. Steven L’ITALIEN, Appellant. No. C2-83-483.Supreme Court of Minnesota. October 12, 1984. Review Denied November 8, 1984. The District Court, Washington County, John T. Thoreen, J. Syllabus by the Court Defendant, who was convicted of nonresidential burglary, was adequately represented by a public defender at the omnibus hearing, and the omnibus […]
STATE v. MOHAMED, A09-1817 (Minn.App. 8-3-2010)
State of Minnesota, Respondent, v. Mohamed Mohmud Mohamed, Appellant. No. A09-1817.Minnesota Court of Appeals. Filed: August 3, 2010. Appeal from Hennepin County District Court, Hon. Beryl A. Nord. RECENT ORDER OPINIONS LOUISE DOVRE BJORKMAN, Judge. Remanded. Page 1
LINDEMUTH v. AMERICAN AIRLINES, C3-99-667 (Minn.App. 12-7-1999)
Terri Lindemuth, Relator, v. American Airlines, Respondent, Commissioner of Economic Security, Respondent. No. C3-99-667.Minnesota Court of Appeals. Filed December 7, 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 […]
STATE v. WEAVER, 474 N.W.2d 341 (Minn. 1991)
STATE of Minnesota, Respondent, v. Kevin Neal WEAVER, Appellant. No. C3-91-151.Supreme Court of Minnesota. August 30, 1991. Appeal from the District Court of Ramsey County, Margaret M. Marrinan, J. Page 342 Syllabus by the Court The presence of aggravating circumstances justified the trial court in imposing a sentence of two times the presumptive sentence for […]
MATTER OF STONE, 376 N.W.2d 511 (Minn.App. 1985)
In the Matter of Charles Richard STONE. No. C7-85-1567.Minnesota Court of Appeals. November 12, 1985. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Syllabus by the Court Appellant was not deprived of statutorily required notice of the date and time of his commitment hearing. The admission of correspondence obtained by search of […]
MARLOW TIMBERLAND, LLC v. COUNTY OF LAKE, 800 N.W.2d 637 (Minn. 2011)
MARLOW TIMBERLAND, LLC, Relator, v. COUNTY OF LAKE, Respondent. No. A11-0138.Supreme Court of Minnesota. July 27, 2011. Appeal from the Tax Court, Sheryl A. Ramstad, J. Page 638 Syllabus 1. The Minnesota Tax Court erred in granting respondent’s motion to dismiss relator’s 2008 tax petition without allowing relator to amend the petition to comply with […]
STATE v. COGGER, A10-1297 (Minn. 10-18-2011)
State v. Matthew Joseph Edward Cogger. No. A10-1297.Supreme Court of Minnesota. Filed October 18, 2011. ORDER ON PETITION FOR FURTHER REVIEW Granted/Stayed Page 1
JOHNSON v. MURRAY, 648 N.W.2d 664 (Minn. 2002)
Aaron Johnson, petitioner, Appellant, vs. Kimberly Letrice Murray, a/k/a Kimberly Letrice Smith, Respondent. No. C7-01-480.Supreme Court of Minnesota. Filed: July 18, 2002. Appeal from the Minnesota Court of Appeals, Halbrooks, J. Page 665 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 666 […]
HAHN v. TRI-LINE FARMERS CO-OP, 478 N.W.2d 515 (Minn.App. 1991)
Gerald W. HAHN, Respondent, v. TRI-LINE FARMERS CO-OP, et al., Plaintiff-Intervenors, Respondents, v. HUTCHINSON WIL-RICH, INC., formerly known as Hutchinson Division of Lear Siegler, Defendant and Third-Party Plaintiff, Respondent (C4-90-2738) Appellant (C3-91-5), v. TRI-LINE FARMERS CO-OP, Third-Party Defendant, Appellant (C4-90-2738) Respondent (C3-91-5). Nos. C4-90-2738, C3-91-5.Minnesota Court of Appeals. December 3, 1991. Review Denied January 27, […]
MERTENS v. MERTENS, 285 N.W.2d 490 (Minn. 1979)
In re the Marriage of Frederick J. MERTENS, Petitioner, Respondent, v. Edna I. MERTENS, Appellant. No. 49245.Supreme Court of Minnesota. November 2, 1979. Appeal from the District Court, Crow Wing County, Clinton W. Wyant, J. Page 491 Milloy Graham and Marianne M. Milloy, Brainerd, for appellant. Erickson, Casey Erickson and John H. Erickson, Brainerd, for […]
IN RE MILLER v. MILLER, C6-01-325 (Minn.App. 8-14-2001)
In Re the Marriage of: Tracy D. Miller, petitioner, Respondent, v. Stephen R. Miller, Appellant, County of Dakota, Intervenor. No. C6-01-325.Minnesota Court of Appeals. Filed August 14, 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. […]
LAKEVIEW TERRACE HOMEOWNERS v. LE RIVAGE, 498 N.W.2d 68 (Minn.App. 1993)
LAKEVIEW TERRACE HOMEOWNERS ASSOCIATION, Appellant, v. LE RIVAGE, INC., et al., Respondents, Nina, Inc., Respondent, Artison Construction Company, Defendant. No. C9-92-1993.Minnesota Court of Appeals. March 30, 1993. Appeal from the District Court, Washington County, Smith F. Eggleston, J. Page 69 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]
STATE v. STEENERSON, C0-99-1405 (Minn.App. 7-11-2000)
State of Minnesota, Respondent, vs. Jeffrey Allen Steenerson, Appellant. No. C0-99-1405.Minnesota Court of Appeals. Filed July 11, 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 […]
KLINE v. HANOVER INS. CO., 368 N.W.2d 381 (Minn.App. 1985)
John B. KLINE, Respondent, v. The HANOVER INSURANCE COMPANY, Appellant, and DAHLEN TRANSPORT, INC., Respondent, v. John B. KLINE, et al., Respondents, H R BLOCK, INC., Defendant, and Roger P. Rauchman, et al., Respondents, v. John B. KLINE, et al., Respondents, H R Block, Inc., Defendant. No. C5-84-2061.Minnesota Court of Appeals. May 28, 1985. Appeal […]
IN RE ESTATE OF ABBOTT, 213 Minn. 289 (1942)
6 N.W.2d 466 IN RE ESTATE OF HOWARD T. ABBOTT. STATE v. H. A. DANCER.[1] No. 33,348.Supreme Court of Minnesota. November 20, 1942. [1] Reported in 6 N.W.2d 466. Taxation — income tax — deductions. 1. Expenditures in connection with tangible property outside Minnesota, whether incurred pursuant to contract to organize a corporation and distribute […]
IN RE MARRIAGE OF CLARK v. CLARK, C0-02-2016 (Minn.App. 5-20-2003)
In re the Marriage of: Kathleen Sue Clark, n/k/a Kathleen C. Ryan, petitioner, Appellant, vs. Steven Craig Clark, Respondent. No. C0-02-2016.Minnesota Court of Appeals. Filed May 20, 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. […]
NELSON v. STATE, A06-1515 (Minn. 1-16-2007)
Anthony Lee Nelson, v. State. No. A06-1515.Supreme Court of Minnesota. Filed: January 16, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied
ENKEL v. NORTHWEST AIRLINES, INC., 221 Minn. 532 (1946)
22 N.W.2d 635 JAMES M. ENKEL v. NORTHWEST AIRLINES, INC. AND ANOTHER.[1] No. 34,171.Supreme Court of Minnesota. April 26, 1946. [1] Reported in 22 N.W.2d 635. Workmen’s compensation — compensable injury — aggravation of preëxisting arthritic condition. Where employe, who had a preëxisting progressive arthritic condition of the lower portion of his back, which at […]
CITY OF SHOREWOOD v. JOHNSON, C5-97-1525 (Minn.App. 4-21-1998)
City of Shorewood, petitioner, Appellant, v. Ronald R. Johnson, et al., Respondents, and First Bank National Association, Southdale office, Defendant. No. C5-97-1525.Minnesota Court of Appeals. Filed April 21, 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 […]
JBI ASSOCIATES, INC. v. SOLTAN, A05-1031 (Minn.App. 5-9-2006)
JBI Associates, Inc., Respondent, v. Mahmoud M. Soltan, Appellant. Siri L. Soltan, Appellant. Soltan Ltd., et al., Defendants. No. A05-1031.Minnesota Court of Appeals. Filed May 9, 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. KEEHN, C6-01-633 (Minn.App. 1-29-2002)
State of Minnesota, Respondent, v. Lyle Edward Keehn, Appellant. No. C6-01-633.Minnesota Court of Appeals. Filed January 29, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
STATE v. LUSHENKO, A05-819 (Minn. 12-12-2006)
State v. William Peter Lushenko. No. A05-819.Supreme Court of Minnesota. Filed December 12, 2006. ORDERS ON PETITIONS FOR FURTHER REVIEW Vacate Stay/Deny.
STATE v. NELSON, 479 N.W.2d 436 (Minn.App. 1992)
STATE of Minnesota, Appellant, v. Berkely Barry NELSON, Respondent. No. C4-91-1180.Minnesota Court of Appeals. January 21, 1992. Appeal from the District Court, Hennepin County, Sean J. Rice, J. Syllabus by the Court The due process rights of a driver who could not be charged with criminal refusal and who agrees to submit to chemical testing […]
PHALEN PARK STATE BANK v. REEVES, 312 Minn. 194 (1977)
251 N.W.2d 135 PHALEN PARK STATE BANK v. JEAN J. REEVES AND OTHERS. FCM INSURANCE COMPANY, APPELLANT. No. 45882.Supreme Court of Minnesota. February 18, 1977. Mortgages — mortgagee’s duty to disclose to insurer status of mortgage. 1. A mortgagee is under no obligation to disclose to an insurer of mortgaged property whether it has foreclosed […]
STATE v. BASTING, 572 N.W.2d 281 (Minn. 1997)
STATE of Minnesota, Respondent, v. Jack Allen BASTING, Appellant. No. C5-96-493.Supreme Court of Minnesota. December 18, 1997. Appeal from the Ramsey County District Court, Campbell, J. Page 282 Syllabus by the Court Defendant’s experience and training as a professional boxer, while relevant to a dangerous weapon analysis, does not alone convert a fist into a […]
WOOD ON BEHALF OF DOE v. ASTLEFORD, 412 N.W.2d 753 (Minn.App. 1987)
Joanne WOOD, Parent and Guardian, on Behalf of John DOE and Jim Doe, minor unnamed juveniles, Appellants, v. Dale Lawrence ASTLEFORD, Astleford Equipment Company, Inc., et al., Lola Mae Astleford, Respondents. No. C5-87-955.Minnesota Court of Appeals. September 29, 1987. Review Denied November 24, 1987. Appeal from the District Court, Hennepin County, Robert Schiefelbein, J. Page […]
IN MATTER OF WAHL v. WAHL, A10-634 (Minn.App. 12-14-2010)
In the Matter of: Kimberly S. Wahl, petitioner, Respondent, v. Christopher M. Wahl, Appellant. No. A10-634.Minnesota Court of Appeals. Filed December 14, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
STATE v. PALMER, A07-2448 (Minn. 3-31-2009)
State v. Scott William Palmer. No. A07-2448.Supreme Court of Minnesota. Filed March 31, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
DIEM DESIGN v. SABRI INVESTMENTS, C1-00-1520 (Minn.App. 5-22-2001)
Diem Design, Inc., Respondent, vs. Hamoudi Sabri and Omar Investments, Inc., d/b/a SAFA, Inc., Appellants. No. C1-00-1520.Minnesota Court of Appeals. Filed May 22, 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. […]
SMITH WYMAN CO. v. CARLSTED, 165 Minn. 313 (1925)
206 N.W. 450 SMITH WYMAN COMPANY v. AUGUST CARLSTED AND OTHERS.[1] No. 25,027.Supreme Court of Minnesota. December 18, 1925. [1] Reported in 206 N.W. 450. Limitation of action in contract and bond unreasonable. A provision in a contract and bond given pursuant to section 9700, G. S. 1923, limiting the time to bring suit to […]
IN RE DISCIPLINARY ACTION AGAINST McNABB, 577 N.W.2d 924 (Minn. 1998)
In re Petition for DISCIPLINARY ACTION AGAINST Gerald McNABB, an Attorney at Law of the State of Minnesota. No. C6-95-2632.Supreme Court of Minnesota. May 7, 1998. Syllabus by the Court Attorney misconduct consisting of theft of substantial amounts of money from former client by forged power of attorney; theft of money from current clients; client […]
WARMAN v. GABER, C3-01-1755 (Minn.App. 3-26-2002)
Tiffany Warman, a minor child, Appellant, vs. Lynn L. Gaber, defendant and third party plaintiff, Respondent, Debra Warman, Third Party Defendant. No. C3-01-1755.Minnesota Court of Appeals. Filed March 26, 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 […]
IN RE ELLSWORTH v. BASTYR, A04-365 (Minn.App. 1-18-2005)
In re the Marriage of: Annette F. Ellsworth, f/k/a Annette F. Bastyr, petitioner, Respondent, v. Gerald Paul Bastyr, Appellant. No. A04-365.Minnesota Court of Appeals. Filed January 18, 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. […]
RAUEN v. PARK NICOLLET MEDICAL CENTER, 655 N.W.2d 803 (Minn. 2003)
David T. Rauen, Relator, vs. Park Nicollet Medical Center, Self-Insured, Administered by Berkley Risk Administrators, Respondent. No. C3-02-1779.Supreme Court of Minnesota. Filed: January 24, 2003 Gerald Keating, Keating and Associates, Minneapolis, for Relator. Edward Q. Cassidy, Timothy J. Pramas, Felhaber, Larson, Felon Vogt, P.A., St. Paul, for respondent. Considered and decided by the court en […]
SWANKE v. COMMISSIONER OF PUBLIC SAFETY, 385 N.W.2d 403 (Minn.App. 1986)
Michael L. SWANKE, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C0-85-1748.Minnesota Court of Appeals. April 22, 1986. Appeal from the Municipal Court, Hennepin County, Bernard Johnson, Referee. Page 404 Syllabus by the Court The trial court erred in requiring the Commissioner to prove that respondent was physically able to provide an adequate breath […]
BLAIR v. PEY INC., CX-98-302 (Minn.App. 10-27-1998)
DANIEL C. BLAIR, d/b/a ACRYLIC CREATIONS, Appellant, v. PEY INC., d/b/a PET EXPO DISTRIBUTORS, ET AL., Respondents. No. CX-98-302.Minnesota Court of Appeals. Filed October 27, 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. § […]
STATE v. OVERTURF, A06-1032 (Minn. 7-17-2007)
State v. George Wilson Overturf. No. A06-1032.Supreme Court of Minnesota. Filed July 17, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
HAUENSTEIN BERMEISTER v. MET-FAB INDUS., 320 N.W.2d 886 (Minn. 1982)
HAUENSTEIN BERMEISTER, INC., Appellant, v. MET-FAB INDUSTRIES, INC., etc., Respondent. McNeil Corporation, et al., Defendants. No. 81-1172.Supreme Court of Minnesota. June 25, 1982. Appeal from the District Court, Hennepin County, Bruce C. Stone, J. Page 887 Syllabus by the Court 1. A reasonable forum selection clause in a bargained-for sales agreement may be enforced. 2. […]
STATE v. DUNBAR, 296 Minn. 497 (1973)
207 N.W.2d 289 STATE v. LARRY ROBERT DUNBAR No. 43321.Supreme Court of Minnesota. April 27, 1973. Criminal law — information — sufficiency — errors in instructions claimed on appeal. Appeal by Larry Robert Dunbar from a judgment of the Beltrami County District Court, James E. Preece, Judge, whereby he was convicted of unauthorized use of […]
STATE v. PIERSON, A09-132 (Minn. 3-30-2010)
State v. Elliot Lamar-Seccer Pierson. No. A09-132.Supreme Court of Minnesota. Filed March 30, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 2
IN RE ASSESSMENT OF BENEFITS, 167 Minn. 525 (1926)
209 N.W. 632 IN RE ASSESSMENT OF BENEFITS FROM CHANGING GRADE, GRADING, PAVING AND IMPROVING OF ROBERT AND OTHER STREETS.[1] No. 25,225.Supreme Court of Minnesota. June 11, 1926. [1] Reported in 209 N.W. 632. Former decision law of the case. [Reporter.] Appeal and Error, 4 C.J. p. 1213 n. 83. See 2 R.C.L. p. 224; […]
NICOSIA v. NICOSIA, 304 Minn. 551 (1975)
229 N.W.2d 26 MARGARET M. NICOSIA v. JOHN JOSEPH NICOSIA. No. 44977.Supreme Court of Minnesota. May 2, 1975. Divorce — decree — provision for child support — effect of statute changing age of majority. Appeal by defendant husband from a judgment of the Ramsey County District Court, Otis H. Godfrey, Jr., Judge, whereby he was […]
STATE v. PENKATY, 708 N.W.2d 185 (Minn. 2006)
STATE of Minnesota, Respondent, v. Paul PENKATY, Sr., Appellant. No. A04-1315.Supreme Court of Minnesota. January 10, 2006. Appeal from the District Court, Watonwan County, Allison Krehbiel Baskfield, J. Page 186 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 187 [EDITORS’ NOTE: THIS […]
STATE v. GAINES, 408 N.W.2d 914 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. John Darren GAINES, Appellant. No. CX-87-160.Minnesota Court of Appeals. July 14, 1987. Review Denied September 18, 1987. Appeal from the District Court, Hennepin County, Michael J. Davis, J. Page 915 Syllabus by the Court In sentencing appellant for three crimes against three separate victims, the trial court did not abuse […]
STATE v. OLSON, 274 Minn. 225 (1966)
143 N.W.2d 69 STATE v. ANTON OLSON. No. 40,301.Supreme Court of Minnesota. May 31, 1966. Constitution — criminal responsibility — psychiatric examination to determine — right against self-incrimination. 1. A person accused of a crime who enters a plea of not guilty by reason of insanity cannot be compelled to carry on conversations against his […]
VANDERHYDE v. COUNTY OF DODGE, 255 N.W.2d 39 (Minn. 1977)
Ernest VANDERHYDE, Respondent, v. COUNTY OF DODGE, Appellant. No. 47045.Supreme Court of Minnesota. May 27, 1977. Appeal from the District Court, Dodge County, Jack F.C. Gillard, J. Page 40 Syllabus by the Court Minn.St. 387.20, subd. 7, provides that “the Sheriff if dissatisfied with the action of the county board in setting the amount of […]
STATE v. ENRIGHT, A04-2258 (Minn.App. 12-20-2005)
State of Minnesota, Respondent v. Michael John Enright, Appellant. No. A04-2258.Minnesota Court of Appeals. Filed December 20, 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 (2004). Appeal from the District […]
COUNTY OF RAMSEY v. TOWN OF WHITE BEAR, 469 N.W.2d 479 (Minn.App. 1991)
In Re Special Assessment Appeals of COUNTY OF RAMSEY, Respondent, v. TOWN OF WHITE BEAR, Appellant. No. C7-90-2104.Minnesota Court of Appeals. May 7, 1991. Review Denied July 24, 1991. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Page 480 Syllabus by the Court A township’s special assessments on county property burdened with statutory […]
McCORMACK v. LINDBERG, 363 N.W.2d 307 (Minn. 1985)
William Edward McCORMACK, et al., Appellants, v. Evan F. LINDBERG, M.D., Respondent. No. C5-83-1448.Supreme Court of Minnesota. February 27, 1985. ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the petition of Evan F. Lindberg, M.D., for further review of the decision of the Court of Appeals be, and […]
PRIEBE v. STONE, A04-507 (Minn.App. 10-26-2004)
Donald Priebe, et al., Appellants, v. Jon Stone, et al., Respondents. No. A04-507.Minnesota Court of Appeals. Filed October 26, 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 […]
STATE v. MARTIN, 293 N.W.2d 54 (Minn. 1980)
STATE of Minnesota, Respondent, v. Wilmer MARTIN, Appellant. No. 49291.Supreme Court of Minnesota. May 16, 1980. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Syllabus by the Court The evidence is insufficient to sustain defendant’s conviction for third-degree murder. C. Paul Jones, Public Defender, Gregory A. Gaut and Robert Streitz, Asst. Public […]
GLEASON v. SING, 210 Minn. 253 (1941)
297 N.W. 20 ROBERT GLEASON v. MYREL SING.[1] No. 32,742.Supreme Court of Minnesota. May 2, 1941. [1] Reported in 297 N.W. 720. Workmen’s compensation — third-party liability — application to member of partnership covered by act. 1. Where plaintiff, an employe of a partnership of which defendant was a member, was injured in a collision […]