Cited by
Opinions in Minnesota that cite Loth v. Loth, 35 N.W.2d 542.
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In re the Marriage of:
Minn. Ct. App. 2021
(“[O]n appeal error is never presumed.
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In the Matter of the Civil Commitment of: Richard Russell Fageroos.
Minn. Ct. App. 2021
(holding that “error is never presumed” on appeal).
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In the Matter of the Welfare of the Child of: K. B. and T. B., Parents.
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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Earl Lionell Ward, petitioner, Appellant,
Minn. Ct. App. 2021
2006-OA1, -78 (Minn. App. 2009) (citing Loth v. Loth , (stating that an appellate court cannot assume a district court erred)), review denied (Minn. Jan.
- St. Cloud Educational Rights Advocacy Council, Appellant, Minn. Ct. App. 2020
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A20-0743
Minn. Ct. App. 2020
d 542, 546 (Minn. 1949) (“[E]rror without prejudice is not ground for reversal.”).
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In re the Marriage of:
Minn. Ct. App. 2020
It must be made to appear affirmatively before there can be reversal.” (quotation omitted), see also Palladium Holdings, LLC v. Zuni Mortg.
- In re the Marriage of: John Richard Strosahl, petitioner, Respondent, Minn. Ct. App. 2020
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Roger D. Anderson, Respondent,
Minn. Ct. App. 2020
See 4 (“[T]he burden of showing error rests upon the one who relies upon it.”) A creditor may begin an ancillary proceeding to a civil action for recovery of money through a garnishment summons “at any time after entry of a money judgment in the civil action.” Minn. Stat. § 571.71(3) (2018).
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, A20-0645, A20-0646
Minn. Ct. App. 2020
(“It is well to bear in mind that on appeal error is never presumed.
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In the Matter of:
Minn. Ct. App. 2020
It must be made to appear affirmatively before th ere can be reversal.” Loth v. Loth , (quotation omitted); see Minn. R. Civ.
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In re the Matter of Kenneth Alan Hovland, OBO Minor Children, Respondent,
Minn. Ct. App. 2020
“[T]he burden of showing error rests upon the one who relies upon it.” Loth v. Loth
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Washington County CDA, Respondent,
Minn. Ct. App. 2020
[T]he burden of showing error rests upon the one who relies upon it.” (quotation omitted).
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In re the Matter of: Kimberly Ann Sobiech, and o/b/o Minor Children, petitioner, Appellant,
Minn. Ct. App. 2020
P. 61 (requiring harmless error to be ignored); (stating that “error without prejudice is not ground for reversal” ) (quotation omitted).
- A19-1347 Minn. Ct. App. 2020
- In re the Marriage of: Jonathon Henry Ortner, petitioner, Appellant, Minn. Ct. App. 2020
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In re the Marriage of: Gena Maria Kramp, Respondent,
Minn. Ct. App. 2020
[T]he burden of showing error rests upon the one who relies upon it.” (quotation omitted).
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Brian J. Henel, Respondent,
Minn. Ct. App. 2020
In other words, error without prejudice is not ground for reversal.” (quotation omitted).
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In re the matter of: Michael John Hernandez, petitioner, Appellant,
Minn. Ct. App. 2020
See Loth v. Loth , (stating that error on appeal is never presumed and 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” (quotation omitted)).
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Tonka on the Creek LLC, Appellant,
Minn. Ct. App. 2019
(“It is well to bear in mind that on appeal error is never presumed.
- In re the Estate of: Pauline Mary Serpico, Deceased. Minn. Ct. App. 2019
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Shane Foss, Appellant,
Minn. Ct. App. 2019
But this court cannot assume that the district court erred based on its language alon e. See Loth v. Loth , (stating that appellate courts cannot assume district court error); (applying Loth, stating appellate courts “cannot assume that the district court will neglect its duty to independently 3 Father
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Fr. William Graham, Respondent,
Minn. Ct. App. 2019
Not only that, but the burden of showing error rests upon the one who relies upon it.” (quotation omitted).
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A18-1163 A18-1962 A18-1963
Minn. Ct. App. 2019
[And] the burden of showing error rests upon the one who relies upon it.” Loth v. Loth , (quotation omitted).
- David Rucki, et al., Respondents, Minn. Ct. App. 2019
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In re the Marriage of: Sharon Nelson, petitioner, Respondent,
Minn. Ct. App. 2019
Not only that, but the burden of showing error rests upon the one who relies upon it.” (quotation omitted).
- Fletcher Props., Inc. v. City of Minneapolis 931 N.W.2d 410 Minn. Ct. App. 2019
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Fletcher Props., Inc. v. City of Minneapolis
931 N.W.2d 410
Minn. Ct. App. 2019
Loth v. Loth , 227 Minn. 387 , , 550 (1949).
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In re the Marriage of: Amy Alyssa Post, petitioner, Respondent,
Minn. Ct. App. 2019
[T]he burden of showing error rests upon the one who relies upon it.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
[T]he burden of showing error rests upon the one who relies upon it.” Loth v. Loth , (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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In the Matter of the Trust Created by Eileen Carlson Kasell, dated September 10, 2013, as amended.
Minn. Ct. App. 2018
[T]he burden of showing error rests upon the one who relies upon it.” (quotation omitted).
- In re the Marriage of: Carolynn Bitker, petitioner, Appellant, Minn. Ct. App. 2018
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Richard Willmar Rapatt, petitioner, Appellant,
Minn. Ct. App. 2018
[T]he burden of showing error rests upon the one who relies upon it.” Loth v. Loth , 227 Minn. 387, 392, (quotat ion omitted).
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Sharee Nolan, Appellant,
Minn. Ct. App. 2018
[T]he burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
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In re the Custody of: J. K. L. Peter Romero Lockhart, petitioner, Appellant,
Minn. Ct. App. 2018
[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, (quoting Waters in a family-law appeal); (applying Loth in a family-law appeal).
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Said Ahmed Nur, Appellant,
Minn. Ct. App. 2018
[And] the burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
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In re the Marriage of: Nathan Gregory Olstad, petitioner, Appellant,
Minn. Ct. App. 2018
See Loth v. Loth, 227 Minn. 387, 392, (stating that “on appeal error is never presumed.
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Red Cross Construction, LLC, Respondent,
Minn. Ct. App. 2018
[T]he burden of showing er ror rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
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C. W., et al., Appellants,
Minn. Ct. App. 2018
[And] the burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
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In the Matter of the Welfare of the Child of: N. E. R. and W. G. R., Parents
Minn. Ct. App. 2018
Loth v. Loth, 227 Minn. 387, 392, d 542, 546 (1949).
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State of Minnesota, Appellant,
Minn. Ct. App. 2017
Loth v. Loth, 227 Minn. 387, 392, d 542, 546 (1949).
- In Re the Custody of N.O.K. Jason Michael Krause v. Marissa Lauren Gomez Minn. Ct. App. 2016
- In re the Marriage of: Lana Michelle Kerola v. Greg William Kerola Minn. Ct. App. 2016
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In re the Marriage of: Lana Michelle Kerola v. Greg William Kerola
Minn. Ct. App. 2016
Loth v. Loth, 227 Minn. 387, 392, (declining to remand for de minimis error).
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In Re the Custody of N.O.K. Jason Michael Krause v. Marissa Lauren Gomez
Minn. Ct. App. 2016
[And] the burden of showing error rests upon the one who relies upon it.” Loth v. Loth, 227 Minn. 387, 392, (quotation omitted).
- Jessica Leah Weiss v. Alfred Aaron Griffin Minn. Ct. App. 2016
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Jessica Leah Weiss v. Alfred Aaron Griffin
Minn. Ct. App. 2016
See Loth v. Loth, 227 Minn. 387, 392, (stating that “on appeal error is never presumed.
- In re the Marriage of: Roger Alan Roy v. Bonnie LaMay Roy Minn. Ct. App. 2016
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In re the Marriage of: Roger Alan Roy v. Bonnie LaMay Roy
Minn. Ct. App. 2016
See Loth v. Loth, 227 Minn. 387, 392, d 542, 546 (1949) (stating that “error without prejudice is not ground for reversal”).