Cited by
Opinions in Minnesota that cite Kucera v. Kucera, 146 N.W.2d 181.
- In the Marriage of: Minn. Ct. App. 2026
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Timothy John Walvatne, Respondent,
Minn. Ct. App. 2026
(“It is not within the province of [appellate courts] to determine issues of fact on appeal.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
“It is not within the province of [appellate courts] to determine issues of fact on appeal.” (same) (quoting Kucera, d at 183).
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OCH Bookstore, LLC, Respondent,
Minn. Ct. App. 2025
d 672, 679 (Minn. App. 2009) (considering an award of legal fees and stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal”) ().
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Allan N. Anderson, Jr., et al., Respondents,
Minn. Ct. App. 2025
d 672,679 (Minn. App. 2009) (“It is not within the province of [appellate courts] to determine issues of fact on appeal”) (quoting Kucera d at 183).
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Jacques Lafrenier, et al., Appellants,
Minn. Ct. App. 2025
(“It is not within 7 Berger’s brief to this court also cites several nonprecedential opinions by this court that rely on Vegemast for their conclusions that a district court has jurisdiction to impose rule 11 sanctions after the nonmoving party has voluntarily dismissed their claims.
- James P Gerchy, Respondent, Minn. Ct. App. 2025
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In re the Marriage of:
Minn. Ct. App. 2024
The “classification of property as marital and nonmarital is an issue of law” that appellate courts review de novo, though we must still “defer to underlying findings of fact by the [district] court.” Pekarek v. Pekarek , ().
- Sandra Weise v. Alan M. Powell Minn. Ct. App. 2024
- In re the Matter of: Zoraba Ross v. Angel Raeleen Smith Minn. Ct. App. 2024
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Sandra Weise v. Alan M. Powell
Minn. Ct. App. 2024
“It is not within the province of [appellate courts] to determine issues of fact on appeal.”
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In re the Matter of: Zoraba Ross v. Angel Raeleen Smith
Minn. Ct. App. 2024
“Findings should assure that the relevant statutory factors have been addressed, satisfy the litigants that their case was fairly resolved, and permit reasoned appellate review.” (“It is not within the province of [appellate courts] to determine issues of fact on appeal.”).
- Nathan Wesley McDonald v. State of Minnesota Minn. Ct. App. 2024
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Nathan Wesley McDonald v. State of Minnesota
Minn. Ct. App. 2024
Additionally, “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal.”
- In re the Marriage of: Allan Roland Kilgore v. Ellen Lea Brockman, f/k/a Ellen Lea Kilgore, ... Minn. Ct. App. 2024
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In re the Marriage of: Allan Roland Kilgore v. Ellen Lea Brockman, f/k/a Ellen Lea Kilgore, ...
Minn. Ct. App. 2024
(“It is not within the province of [appellate courts] to determine issues of fact on appeal.”).
- In the Matter of the Civil Commitment of: Krista Jean Lynard Minn. Ct. App. 2023
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In the Matter of the Civil Commitment of: Krista Jean Lynard
Minn. Ct. App. 2023
The district court made no such factual findings and “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal.”
- In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen Minn. Ct. App. 2023
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In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen
Minn. Ct. App. 2023
at 375 (stating that the appellate court erroneously “stray[ed] beyond the established standard of review into the fact finding domain of the trial court”); (“It is not within the province of [appellate courts] to determine issues of fact on appeal.”).
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A22-0545 A22-0547
Minn. Ct. App. 2023
Moreover, “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal.”
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In re the Marriage of:
Minn. Ct. App. 2022
(stating that “the trial court has the responsibility of finding the facts and resolving the conflicts in the evidence”); (reversing and remanding where “findings are missing”).
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Derrick D. Turner, Relator,
Minn. Ct. App. 2022
Moreover, whether relator sent an April 20 reconsideration request is a question of fact that the ULJ did not decide, and “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal.”
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Tescil Romalis Mason-Kimmons, petitioner, Appellant,
Minn. Ct. App. 2022
Wright Elec., (“ [T]his court cannot serve as the fact -finder.” (citing Kucera v. Kucera , ), rev. denied (Minn. Dec.
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In the Matter of the Welfare of the Children of: A. D. B. and R. N. L., Parents.
Minn. Ct. App. 2022
d 181, 183 (Minn. 1966).
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In re the Marriage of: Brad Allen Friesz, petitioner, Respondent,
Minn. Ct. App. 2022
(“It is not within the province of [appellate courts] to determine issues of fact on appeal.”).
- In re SSTS Soil Dispute Resolution. Minn. Ct. App. 2021
- In re the Marriage of: Minn. Ct. App. 2021
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In re the Matter of: Brooks J. Waldron, petitioner, Respondent,
Minn. Ct. App. 2021
Moreover, mother asks us to engage in fact-finding, which “is not within the province of this court .” Kucera v. Kucera , , 183 (Minn. 1966).
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William O. Bradley, Appellant,
Minn. Ct. App. 2021
(“It is not within the province of this court to determine issues of fact on appeal.”).
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In the Matter of the Welfare of the Children of: A. B. and C. J. W., Parents.
Minn. Ct. App. 2021
Assocs., (“[A]n undecided question is not usually amenable to appellate review.”); (“It is not within the province of [appellate courts] to determine issues of fact on appe al.”).
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In re the Marriage of: Dodamwalage Dinesh Jayawardena, petitioner, Appellant,
Minn. Ct. App. 2021
-07 (Minn. 1990) ( reversing and remanding an award of permanent spousal maintenance established by this court after it determined that an award of temporary spousal maintenance should be made permanent so that the district court could consider the parties’ relative financial positions and make the appropriate award) ; (stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal”); d 330, 338 (Minn. App. 2014) (reversing and remanding because “findin
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Vickie M. Jones, Respondent,
Minn. Ct. App. 2021
(“It is not within the province of [appellate courts] to determine issues of fact on appeal.”).
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Richard Minder III, Respondent,
Minn. Ct. App. 2021
We do not reweigh the evidence, and underlying findings of fact based on conflicting evidence will be affirmed unless they are “manifestly and palpably contrary to the evidence as a whole.”
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In the Matter of the Application of Tillman Infrastructure LLC, Norman Westerlund, and Laurie Westerlund for a Conditional …
Minn. Ct. App. 2020
See Wright Elec., (stating that “this court cannot serve as the fact-finder” ()), review denied (Minn. Dec.
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In re the Matter of St. Paul Area Electrical JATC Registered Apprenticeship Program and Damon Doss.
Minn. Ct. App. 2019
Additionally, “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal.”
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Kelbro Company, Respondent,
Minn. Ct. App. 2019
“It is not within the province of [appellate courts] to determine issues of fact on appeal.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
’” Fontaine v. Steen , (quoting Kucera v. Kucera , ) (alteration in original).
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In re the Marriage of: Kimberly Kay Seidel, petitioner, Appellant,
Minn. Ct. App. 2019
(we defer to the district court’s credibility determinations); d 181, 183 (Minn. 1966) (it is not the appellate court’s role to find facts).
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James Willard Francisco, petitioner, Respondent,
Minn. Ct. App. 2018
The question of whether Francisco freely and voluntarily consented to the search of his urine is a factual question, and “[i]t is not within the province of this court to determine issues of fact on appeal.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
See Kucera v. Kucera, 275 Minn. 252, 254-55, (“It is not within the province of [appellate courts] to determine issues of fact on appeal.”) .
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“It is not within the province of this court to determine issues of fact on appeal.” Kucera v. Kucera, 275 Minn. 252, 254-55
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In re the Marriage of: Sonja Vogen Baertsch, petitioner, Respondent,
Minn. Ct. App. 2018
.”) ; Fontaine v. Steen , d 672, 679 (Minn. App. 2009) (stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal” (quoting Kucera v. Kucera, 275 Minn. 252, 254, )).
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Pakou Lee-Barrios and o/b/o Minor Child, petitioner, Respondent,
Minn. Ct. App. 2017
App. P. 110.01 (defining the record on appeal as the record presented to the district court plus any transcript prepared); Kucera v. Kucera , 275 Minn. 252, 254, (“It is not within the province of this court to determine issues of fact on appeal.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
Kucera v. Kucera, 275 Minn. 252, 254, d 181, 183 (1966).
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State of Minnesota, Appellant,
Minn. Ct. App. 2017
(holding 3 While recognizing that it is outside of our role to make factual findings, Kucera v. Kucera, 275 Minn. 252, 254-55, we note that the officer’s description of Benavides’s behavior does not approach the extreme nervousness found in Smith: “[Benavides] seemed a little, little bit nervous and jittery, more so when he was in the car though.
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Carmen Price, Appellant,
Minn. Ct. App. 2017
While “[i]t is not within the province of this court to determine issues of fact on appeal[,]” Kucera v. Kucera, 275 Minn. 252, 254, a determination of whether a document produced late in discovery should be excluded is a question of law.
- In re the Marriage of: Joshua Ryan Beckendorf v. Jordana Leslie Fox 890 N.W.2d 746 Minn. Ct. App. 2017
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In re the Marriage of: Joshua Ryan Beckendorf v. Jordana Leslie Fox
890 N.W.2d 746
Minn. Ct. App. 2017
See Kucera v. Kucera, 275 Minn. 252, 254, (stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal”); (reversing and remanding where “findings are missing”).
- Mary A. Zirbes v. Meshbesher and Spence, Ltd. Minn. Ct. App. 2016