Cited by
Opinions in Minnesota that cite Loth v. Loth, 35 N.W.2d 542.
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August Ventures, LLC a Minnesota limited liability company, et al., Respondents,
Minn. Ct. App. 2024
(“[T]he burden of showing error rests upon the one who relies upon it.”).
- State of Minnesota v. Anthony Lee Prellwitz Minn. Ct. App. 2024
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State of Minnesota v. Anthony Lee Prellwitz
Minn. Ct. App. 2024
On appeal, “error is never presumed,” and “the burden of showing error rests upon the one who relies upon it.” (quotation omitted); (applying this principle from Loth in a criminal case), aff’d on other grounds
- In re the Custody of A.W.W: Nicholas Taylor Wehrwein v. Patricia Katrine Hascall Minn. Ct. App. 2024
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In re the Custody of A.W.W: Nicholas Taylor Wehrwein v. Patricia Katrine Hascall
Minn. Ct. App. 2024
[and] the burden of showing error 9 rests upon the one who relies upon it.”); (quoting Waters in a family-law appeal).
- In the Matter of the Civil Commitment of: Rodrick Dean Pouncy, Jr Minn. Ct. App. 2024
- In the Matter of the Civil Commitment of: Rodrick Dean Pouncy, Jr Minn. Ct. App. 2024
- In re the Marriage of: Robert Thomas Nord, A v. Katherine Elizabeth Bowers, B, ... Minn. Ct. App. 2024
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In re the Marriage of: Robert Thomas Nord, A v. Katherine Elizabeth Bowers, B, ...
Minn. Ct. App. 2024
[and] the burden of showing error rests upon the one who relies upon it.”); (quoting Waters); (applying Loth).
- In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk, ... Minn. Ct. App. 2024
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In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk, ...
Minn. Ct. App. 2024
P. 61 (requiring harmless error to be ignored); (stating that “error without prejudice is not ground for reversal” (quotation omitted)).
- In the Matter of: Kaycee Houde v. David Fryxell Minn. Ct. App. 2024
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In the Matter of: Kaycee Houde v. David Fryxell
Minn. Ct. App. 2024
[T]he burden of showing error rests upon the one who relies upon it.” (quotation omitted).
- In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen, ... Minn. Ct. App. 2024
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In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen, ...
Minn. Ct. App. 2024
(explaining that “error is never presumed” on appeal, that it “must be made to appear affirmatively” before a reviewing court can reverse, and that the burden of showing error rests upon the party who asserts it); (citing Loth).
- Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
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Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc.
Minn. Ct. App. 2024
(applying this aspect of Loth).
- First & First, LLC, a Minnesota limited liability company v. Chadco of Duluth, LLC, a Minnesota ... Minn. Ct. App. 2023
- First & First, LLC, a Minnesota limited liability company v. Chadco of Duluth, LLC, a Minnesota ... Minn. Ct. App. 2023
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In re the Marriage of: Jerry Arthur McDonald, petitioner, Appellant,
Minn. Ct. App. 2023
(noting that error is “never” presumed on appeal); (stating that appellate courts “cannot presume error by the district court”); (citing Loth).
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A23-0039 A23-0041 A23-0277
Minn. Ct. App. 2023
(“It is well to bear in mind that on appeal error is never presumed.
- Laurie J. Stangel, et al., Respondents, Minn. Ct. App. 2023
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In re the Matter of: Bamidele Adetifa, petitioner, Appellant,
Minn. Ct. App. 2023
(explaining that on appeal, error is never presumed, it 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).
- Teresa M. Hintze, et al., Appellants, Minn. Ct. App. 2023
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In the Matter of the Welfare of the Children of: S. P. D., D. P.-C., and A. D. …
Minn. Ct. App. 2023
(stating that “on appeal error is never 30 presumed,” and placing the burden of showing prejudice on appellant (quotation omitted)).
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In re the Marriage of: Amanda Leigh Davis Floyd, petitioner, Appellant,
Minn. Ct. App. 2023
d 278, 283 (Minn. App. 1999) ().
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In re the Matter of: John Erik Ensrud, petitioner, Respondent,
Minn. Ct. App. 2023
[T]he burden of showing error rests upon the one who relies upon it.”); (quoting this aspect of Waters in a family-law appeal); (applying this aspect of Loth ).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
( (stating that “on appeal error is never presumed” (quotation omitted))).
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A22-1469
Minn. Ct. App. 2023
6 But we do not read the order as providing for such broad disqualification, and “on appeal error is never presumed.”
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Marthamae Kottschade, Appellant,
Minn. Ct. App. 2023
[and] the burden of showing error rests upon the one who relies upon it.” -65 (Minn. 1944); (discussing Waters); (applying Loth).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(quotation omitted); (applying this principle from Loth in a criminal case), aff’d on other grounds
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In the Matter of the Welfare of the Children of: D. O. and L. P., Parents.
Minn. Ct. App. 2022
of A.D.B., (citing this aspect of D.J.N.); (stating that “ on appeal error is never presumed,” and placing the burden of showing prejudice on appellant (quotations omitted)).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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In the Matter of the Trust of Robert W Moreland a/k/a Robert William Moreland.
Minn. Ct. App. 2022
2006-OA1, -78 (Minn. App. 2009) (), rev. denied (Minn. Jan.
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A22-0349
Minn. Ct. App. 2022
v. Wintz Parcel Drivers, Inc., d 480, 480 (Minn. 1997) (stating that we decline to consider inadequately briefed issues); (“[O]n appeal, error is never presumed.
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In re the Marriage of: Matthew James Beland, petitioner, Appellant,
Minn. Ct. App. 2022
upon the one who relies upon it”); (quoting this aspect of Waters in a family law appeal); (applying this aspect of Loth).
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In the Matter of the Welfare of the Children of: S. D., Commissioner of Human Services, Legal Custodian.
Minn. Ct. App. 2022
of A.D.B., (citing this aspect of D.J.N.); (stating, in a marital dissolution appeal, that “error is never presumed,” and the burden of showing prejudice lies with appellant).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
Because it is Deward’s burden to show prejudice, (requiring appellant to demonstrate prejudice).
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In re the Marriage of: Heather Elizabeth Wray-Isquierdo, petitioner, Respondent,
Minn. Ct. App. 2022
[and] the burden of showing error rests upon the one who relies upon it.” -65 (Minn. 1944)
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A21-1064
Minn. Ct. App. 2022
See Kenney, d at 221 (stating that findings 23 are clearly erroneous only “when they are manifestly contrary to the weight of the evidence”); (“[O]n appeal, error is never presumed.
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In the Matter of: Elizabeth A. Frandrup, Respondent,
Minn. Ct. App. 2022
(“[O]n appeal error is never presumed.
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In re the Marriage of:
Minn. Ct. App. 2022
P. 61 (re quiring courts to ignore harmless error); (stating that error without prejudice is not grounds to reverse).
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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In the Matter of: Natasia Moose.
Minn. Ct. App. 2022
( holding that we do not presume error on appeal, and the party asserting error has the burden of showing it).
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In re the Marriage of: Emily Kay Stilwagon, petitioner, Appellant,
Minn. Ct. App. 2022
Second , “error is never presumed.”
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Sokkhan Ka, petitioner, Appellant,
Minn. Ct. App. 2021
(stating that we do not presum e error on appeal).
- In the Matter of: Katrina Lynn Deantoni, Respondent, Minn. Ct. App. 2021
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Ellis Evans, Respondent,
Minn. Ct. App. 2021
[T]he burden of showing error rests upon the one who relies upon it.” Loth v. Loth , (quotation omitted).
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City of Hutchinson, Respondent,
Minn. Ct. App. 2021
While he asks us to “review the totality of his case,” appellate courts do not determine issues of fact on appeal, and “the burden of showing error rests upon the one who relies upon it,” Loth v. Loth , (quotation omitted).
- Everest Stables, Inc., Appellant, Minn. Ct. App. 2021