Cited by
Opinions in Minnesota that cite Annis v. Annis, 84 N.W.2d 256.
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Paul Devereaux v. Medtronic USA Inc
Minn. Ct. App. 2026
d 580, 582 (Minn. 1988) (stating that this court should consider “only those issues that the record shows were presented and considered by the trial court” and that a party may not “obtain review by raising the same general issue litigated below but under a different theory” (quotation omitted)); (“The general rule .
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In Re the Custody of L.B.O.; Bibi Whited, et al v. Kenzie Quinn, Tyler Ohman, Rachel Norgaard, et …
Minn. Ct. App. 2026
See id.; (stating that “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below”).
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In re the Marriage of: Margarita Alexandra Johannson v. John Joseph Johannson
Minn. Ct. App. 2026
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” Annis v. Annis
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In the Marriage of: Vydehi Aravalli v. Rajagopal Naga Aravalli
Minn. Ct. App. 2026
6 Relatedly, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” and we “generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.”
- In re the marriage of: Lori Ann Saari v. Mark Steven Saari Minn. Ct. App. 2025
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In re the marriage of: Lori Ann Saari v. Mark Steven Saari
Minn. Ct. App. 2025
(stating that we generally will not consider matters not argued to and considered by the district court); (stating that “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below”); Ganguli v. Univ.
- Ty Bernard v. Superset Tile & Stone, LLC Minn. Ct. App. 2025
- Reliant Loan Servicing, LLC v. Kimloan Thi Nguyen, PHH Mortgage Corporation, et al Minn. Ct. App. 2025
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Steven Van Kuyk v. Linda Steen, et al
Minn. Ct. App. 2025
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”
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In re the Matter of: Deandre D’Shaun Adams v. Antoinette York
Minn. Ct. App. 2025
Generally speaking, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” (holding that an appellant who has not raised an issue in district court may forfeit the issue even if it was raised by an adverse party).
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In the Marriage of: Allison Baron Bonnett v. Theodore James Bonnett
Minn. Ct. App. 2025
Further, generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” and we “generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.” (quotation omitted).
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Franke E Carpenter, III, et al v. Michael Carpenter, et al
Minn. Ct. App. 2025
(stating general rule “that litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below”).
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In re the Matter of: Leah Morgan Oswald v. Jason Christopher Deyo, Dodge County, Intervenor
Minn. Ct. App. 2024
(“[L]itigants are bound [on appeal] by the .
- In the Matter of the Welfare of: C.J.C. Minn. Ct. App. 2024
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In the Matter of the Welfare of: C.J.C.
Minn. Ct. App. 2024
And a party may not “obtain [appellate] review by raising the same general issue litigated below but under a different theory.” Id.; (quoting Thiele); (“[L]itigants are bound [on appeal] by the theory or theories .
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In re the Marriage of: Renee Caroline McGeary v. John Patrick McGeary
Minn. Ct. App. 2024
-63 (Minn. 1957) (stating that “[t]he general rule .
- Andrew Joseph Haman v. Seth Tyberg Minn. Ct. App. 2023
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Andrew Joseph Haman v. Seth Tyberg
Minn. Ct. App. 2023
(“[L]itigants are bound [on appeal] by the theory or theories .
- Jacqueline Blakey, Jerry Blakey v. Javonda Jones, Gina Alexander, ... Minn. 2023
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Jacqueline Blakey, Jerry Blakey v. Javonda Jones, Gina Alexander, ...
Minn. 2023
–63 (Minn. 1957) (“The general rule .
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In re the Marriage of: Beverly Denise Kossack v. Kenneth Joseph Kossack
Minn. Ct. App. 2023
See Annis v. Annis , (stating that litigants are bound on appeal by the theory or theories upon which the action was actually tried below); see also Thiele, d at 582.
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State of Minnesota v. Curtis Lablanche Vanengen
Minn. Ct. App. 2022
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below,” and an appellate court will not consider matters not argued to and considered by the district court
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In re the Marriage of: Sneha Singh v. Ashok Kumar Goyal
Minn. Ct. App. 2022
Annis v. 9 Annis, (“[L]itigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”); (stating that an appellate court seldom considers matters not argued to and considered by t
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In re the Marriage of: Heather Elizabeth Wray-Isquierdo v. Christian Matthew Isquierdo
Minn. Ct. App. 2022
(“[L]itigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”).
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Katherine Dillard Rice Hayes v. Augustus Conrade Thomas
Minn. Ct. App. 2022
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below, ” Annis v. Annis
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In re the Custody of: C. W. P.; William James Peck v. Jodie Sue Simonette, and County of …
Minn. Ct. App. 2022
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”
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Minnesota Voters Alliance, et al v. The City of Minneapolis, et al
Minn. Ct. App. 2022
ty to appoint multiple deputy city clerks to its ballot board because Minnesota Statutes section 412.151 (2020) authorizes the appointment of a single “deputy clerk,” whose duties do not include serving on a ballot board.5 Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” and an appellate court generally will not consider the applicability of a statute unless the district court first address
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Pharaoh El-Forever Left-i Amen El v. Jeff Titus, et al
Minn. Ct. App. 2021
On appeal, litigants are generally confined to the theory or theories “upon which the action was actually tried below.” Annis v. Annis , 262-63
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Progressive Direct Insurance Company v. Elizabeth Namarra, Issiaka Traore
Minn. Ct. App. 2021
Generally, “litigants are bound in this court by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” -20 (Minn. App. 2017) (d 256, 261 (Minn. 1957)).
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Chue Her v. FGT Cabinetry LLC, Department of Employment and Economic Development
Minn. Ct. App. 2021
Litigants are generally bound on appeal by the theory on which the action was actually tried below, Annis v. Annis , 1 (Minn. 1957), and an appellate court generally will not consider matters not argue d to and considered by the district court, Thiele v. Stich
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Khalif Jama, et al v. Saleban Garbiye, Amal Money Wire, LLC d/b/a Amal Express, et al., and Jamal …
Minn. Ct. App. 2021
Airlines, Inc., n.9 (Minn. 1997) ( declining to address untimely argument s); Annis v. Annis , (“litigants are bound [on appeal] by the theory or theories, however erroneous 10 or improvident, upon which the action was actually tried below ”).
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Maine Heights LLC v. Mohammed Hayat, John Doe, et al
Minn. Ct. App. 2020
We decline to address this argument because “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” and an appellate court generally will not consider matters not argued to and considered by the district court.
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Tony Flattum v. Pro Tech Restoration, Inc., Brian Jovan
Minn. Ct. App. 2019
by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”
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In re the Marriage of: John Richard Strosahl v. Doreen Strosahl
Minn. Ct. App. 2019
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below,” and an appellate court generally will not consider matters not argued to and considered by the district court.
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In re the Marriage of: Sharon Nelson v. Jeffrey Alan Nelson
Minn. Ct. App. 2019
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”
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Olimpia Onofre Cedillo, et al v. Herbert Azubuike Igbanugo, et al
Minn. Ct. App. 2019
(“[L]itigants are bound [ on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”); (holding that an appellate court generally will not consider matters not argued to and cons
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In re the Marriage of: Kathleen Marie Wilson v. Todd Joseph Wilson
Minn. Ct. App. 2019
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was act ually tried below[,]” and an appellate court gener ally will not consider matters not argued to and considered by the district court
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Nell Mathews, et al. Appellants v. City of the Village of Minnetonka Beach, Vanessa Abraham, et al
Minn. Ct. App. 2019
Generally, “litigants are bound [on appeal] by the theo ry or theories, however erroneous or improvident, upon which the action was actually tried below.”
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Thomas A. Ruether, et al v. Kathleen Mimbach Living Trust, et al., City of Rockville
Minn. Ct. App. 2018
And generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below .” 10 Affirmed.
- Nancy S. Schneider, et al v. Merrill G. Oestreich, Linda Oestreich, intervenor Minn. Ct. App. 2018
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Tina Stringer v. Public Housing Agency of the City of Saint Paul
Minn. Ct. App. 2018
Generally, “litigants are bound [on appeal] by the theory or theories, however 8 erroneous or improvident, upon which the action was actually tried below.” Annis v. Annis, 250 Minn. 256, 263
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In re the Matter of Dahlgren Township, City of Carver and the Commissioner of the Office of Administrative …
Minn. Ct. App. 2017
Rather, “litigants are bound in this court by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” Annis v. Annis, 250 Minn. 256, 263, 84 N.W.
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FR Holding, LLC v. BA Halper, LLC, et al. and third party plaintiffs, vs. FactRight, LLC, et al., …
Minn. Ct. App. 2017
(explaining that a party may not “obtain review by raising the same general issue litigated below but under a different theory”); Annis v. Annis, 250 Minn. 256, 262-63, 84 (stating that litigants are bound to their theories of the case on appeal).
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Linda King v. 2003 Silverado 1500, VIN *****6662
Minn. Ct. App. 2017
See Annis v. Annis , 250 Minn. 256, 263, (“[L]itigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.”).
- Paul M. Dobis, et al v. David L. Scegura, Trustee of the David L. Scegura Trust, David Catlin, … Minn. Ct. App. 2017
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Paul M. Dobis, et al v. David L. Scegura, Trustee of the David L. Scegura Trust, David Catlin, …
Minn. Ct. App. 2017
nts conceded below that “all parties have been ‘open’ with their occupation of their parcels of property.” The district court therefore concluded that “all parties agree that the possession of the dispute[d] parcel was open.” Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” Annis v. Annis, 250 Minn. 256, 262-63
- Mark Randall v. Healtheast/St. John’s Hospital Minn. Ct. App. 2017
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Mark Randall v. Healtheast/St. John’s Hospital
Minn. Ct. App. 2017
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” Annis v. Annis, 250 Minn. 256, 262-63, and an appellate court will not consider matters not argued to and considered by the district court.
- Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
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Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank …
Minn. Ct. App. 2016
By failing to raise the issue, Hauer cannot now argue it because “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” Annis v. Annis, 250 Minn. 256, 262-63