Cited by
Opinions in Minnesota that cite Loth v. Loth, 35 N.W.2d 542.
- Adrianne Robbennolt and obo minor child v. Sandi Weigum Minn. Ct. App. 2016
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Adrianne Robbennolt and obo minor child v. Sandi Weigum
Minn. Ct. App. 2016
See Loth v. Loth, 227 Minn. 387, 392, (stating that “[i]t is well to bear in mind that on appeal error is never presumed.
- Melissa Dawn Paisley v. Clark Davis Kratzer Minn. Ct. App. 2016
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Melissa Dawn Paisley v. Clark Davis Kratzer
Minn. Ct. App. 2016
See Loth v. Loth, 227 Minn. 387, 392, d 542, 546 (1949) (stating that appellate courts cannot assume district court error); (applying Loth).
- In the Matter of the Estate of: Rosalie S. Allard, Decedent. Minn. Ct. App. 2015
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In the Matter of the Estate of: Rosalie S. Allard, Decedent.
Minn. Ct. App. 2015
See Loth v. Loth, 227 Minn. 387, 392, (“It is well to bear in mind that on appeal error is never presumed.
- State of Minnesota v. August Latimothy Fleming 869 N.W.2d 319 Minn. Ct. App. 2015
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State of Minnesota v. August Latimothy Fleming
869 N.W.2d 319
Minn. Ct. App. 2015
See Loth v. Loth, 227 Minn. 387, 392, (stating that “on appeal error is never presumed” (quotation omitted)).
- In re the Marriage of: Michelle Curtis v. Christopher John Hanna Minn. Ct. App. 2015
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In re the Marriage of: Michelle Curtis v. Christopher John Hanna
Minn. Ct. App. 2015
[and] the burden of showing error rests upon the one who relies upon it.” Waters v. Fiebelkorn, 216 Minn. 489, 495, -65 (1944); see Loth v. Loth, 227 Minn. 387, 392, 9 (1949) (quoting Waters in a family law appeal); (applying Loth in a family law appeal).
- In re the Marriage of: James Donald Knight v. Maria Pieternella Knight Minn. Ct. App. 2015
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In re the Marriage of: James Donald Knight v. Maria Pieternella Knight
Minn. Ct. App. 2015
On appeal, error is never presumed: “[i]t must be made to appear affirmatively before there can be reversal” and “the burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392
- Jeffrey Hugh Boldon v. Brian Perry Boldon Minn. Ct. App. 2015
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Jeffrey Hugh Boldon v. Brian Perry Boldon
Minn. Ct. App. 2015
See Loth v. Loth, 227 Minn. 387, 392, At oral argument, appellants’ counsel asserted that appellants were entitled to depreciation schedules that would have demonstrated whether respondents contemporaneously claimed ownership of the equipment and machinery in dispute.
- In the Matter of the Child of: C. A. L. and R. C. R., Parents. Minn. Ct. App. 2015
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In the Matter of the Child of: C. A. L. and R. C. R., Parents.
Minn. Ct. App. 2015
In conclusion, we remind appellants that error on appeal is never presumed; “[i]t must be made to appear affirmatively before there can be reversal” and “the burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
- In re the Marriage of: Stephen Joseph Moore v. Lisa Jo Jacobson, f/k/a Lisa Jo Moore Minn. Ct. App. 2015
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In re the Marriage of: Stephen Joseph Moore v. Lisa Jo Jacobson, f/k/a Lisa Jo Moore
Minn. Ct. App. 2015
The burden of showing error rests upon the party who asserts it, and appellate courts “do not reverse unless there is error causing harm to the appealing party.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted); see also Minn. R. Civ.
- State of Minnesota v. Daniel Thomas Labarre Minn. Ct. App. 2015
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State of Minnesota v. Daniel Thomas Labarre
Minn. Ct. App. 2015
“It is well to bear in mind that on appeal error is never presumed” and that “the burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
- Marie Delores Green v. BMW of North America, LLC Minn. Ct. App. 2014
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Marie Delores Green v. BMW of North America, LLC
Minn. Ct. App. 2014
See Loth v. Loth, 227 Minn. 387, 392, (“[W]e do not reverse unless there is error causing harm to the appealing party.
- Beverly Alto v. Kenneth Alto Minn. Ct. App. 2014
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Beverly Alto v. Kenneth Alto
Minn. Ct. App. 2014
See Loth v. Loth, 227 Minn. 387, 392, (stating that “on appeal error is never presumed.
- In re the Marriage of: Helen Kernik v. James Kernik, Judith Murphy Minn. Ct. App. 2014
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In re the Marriage of: Helen Kernik v. James Kernik, Judith Murphy
Minn. Ct. App. 2014
See 15 Loth v. Loth, 227 Minn. 387, 392, (“[O]n appeal error is never presumed.
- Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1 775 N.W.2d 168 Minn. Ct. App. 2009
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Palladium Holdings, LLC v. Zuni Mortgage Loan Trust 2006-OA1
775 N.W.2d 168
Minn. Ct. App. 2009
See Loth v. Loth, 227 Minn. 387, 392 , (stating that this court cannot assume a district court erred); see also, e.g., C & R Stacy, (treating silence on a motion for amended findings as denial of the motion).
- C AND R STACY, LLC v. County of Chisago 742 N.W.2d 447 Minn. Ct. App. 2007
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C AND R STACY, LLC v. County of Chisago
742 N.W.2d 447
Minn. Ct. App. 2007
(citing Loth v. Loth, 227 Minn. 387, 392 , ).
- State v. Jones 647 N.W.2d 540 Minn. Ct. App. 2002
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State v. Jones
647 N.W.2d 540
Minn. Ct. App. 2002
But “we cannot assume district court error.” In re Paternity of (citing Loth v. Loth, 227 Minn. 387, 392 , ).
- Estate of Whish v. Bienfang 622 N.W.2d 847 Minn. Ct. App. 2001
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Estate of Whish v. Bienfang
622 N.W.2d 847
Minn. Ct. App. 2001
See Loth v. Loth, 227 Minn. 387 -394, (holding that where funds were deposited into a joint account for purposes of paying $6,715, the remainder was found to be a gift).
- Luthen v. Luthen 596 N.W.2d 278 Minn. Ct. App. 1999
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Luthen v. Luthen
596 N.W.2d 278
Minn. Ct. App. 1999
See Loth v. Loth, 227 Minn. 387, 392 , (stating appellate courts cannot assume district court error).
- In Re Paternity of BJH 573 N.W.2d 99 Minn. Ct. App. 1998
- A.J.S. v. M.T.H. 573 N.W.2d 99 Minn. Ct. App. 1998
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In Re Paternity of BJH
573 N.W.2d 99
Minn. Ct. App. 1998
Loth v. Loth, 227 Minn. 387, 392
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A.J.S. v. M.T.H.
573 N.W.2d 99
Minn. Ct. App. 1998
Loth v. Loth, 227 Minn. 387, 392
- Zuehlke v. Independent School District No. 316 538 N.W.2d 721 Minn. Ct. App. 1995
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Zuehlke v. Independent School District No. 316
538 N.W.2d 721
Minn. Ct. App. 1995
Loth v. Loth, 227 Minn. 387, 399
- Hellerstedt v. MacGibbon 489 N.W.2d 247 Minn. Ct. App. 1992
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Hellerstedt v. MacGibbon
489 N.W.2d 247
Minn. Ct. App. 1992
Loth v. Loth, 227 Minn. 387, 392 , (on appeal, error is never presumed).
- City of Saint Paul v. Northern States Power Co. 450 N.W.2d 599 Minn. Ct. App. 1990
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City of Saint Paul v. Northern States Power Co.
450 N.W.2d 599
Minn. Ct. App. 1990
68 n. 2 (Minn.1979) (citing Loth v. Loth, 227 Minn. 387, 399 , ).
- Marriage of Sand v. Sand 379 N.W.2d 119 Minn. Ct. App. 1985
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Marriage of Sand v. Sand
379 N.W.2d 119
Minn. Ct. App. 1985
Loth v. Loth, 227 Minn. 387
- Abuzzahab v. Abuzzahab 359 N.W.2d 12 Minn. 1984
- Marriage of Ferguson v. Ferguson 357 N.W.2d 104 Minn. Ct. App. 1984