Cited by
Opinions in Minnesota that cite Kucera v. Kucera, 146 N.W.2d 181.
- State of Minnesota v. Alberto Jimenez Minn. Ct. App. 2026
- In the Marriage of: Vydehi Aravalli v. Rajagopal Naga Aravalli Minn. Ct. App. 2026
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Timothy John Walvatne v. Urmah Arte, et al., Muhamed Begovic, et al
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 v. Tristin Tyler Jacox-Mann
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 v. Just Take Action, Inc.
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 v. A.H. Bennett Company, et al., Westrock Minnesota Corporation f/k/a Waldorf Corporation
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 v. Joseph Berger
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(“It is not within 7 Berger’s brief to this court also cites several nonprecedential opinions by this court that rely on Vegemast for their conclusions that a district court has jurisdiction to impose rule 11 sanctions after the nonmoving party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 v. Autumn Antlers Trophy Whitetail Lodge, Inc., a Minnesota corporation, et al Minn. Ct. App. 2025
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In re the Marriage of: Craig Jerald Mackey v. Beth Ann Mackey
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, et al Minn. Ct. App. 2023
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In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen, et al
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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A22-0547 Brenda Legred, f/k/a Brenda Godlove v. Brent Legred (A22-0543), and The Estate of Darlene Legred, a/k/a Darlene …
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: Jacqueline Anne Johanning Probst v. Thomas Raymond Probst
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 v. MG McGrath, Department of Employment and Economic Development
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 v. State of Minnesota
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 v. Elizabeth Farr Friesz
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: David Gordon Wingad v. Janet Marie Wingad Minn. Ct. App. 2021
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In re the Matter of: Brooks J. Waldron v. Uneica Nicole Garrett
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 v. Cody J. Haislet, et al
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 v. Mallikaarachchige Sathsarani Jayawardena
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 v. Michael Dan Smilanich, et al., Twin Cities Dental Center, P.A. on related appeal
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 v. Jai Maria Negri
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 v. Vinny’s on the River, LLC, River Fun LLC
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 v. Amy Kathleen Sparks
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 v. Trevor Carlton Seidel
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 v. Commissioner of Public Safety
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 v. Anthony Chevelle Robinson
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 v. Matthew William Hedstrom
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 v. Andrew Baertsch
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 v. Eric Joseph Vacko Below, Brittany Ann Vacko
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 v. Rarity Shemeire Abdullah
Minn. Ct. App. 2017
Kucera v. Kucera, 275 Minn. 252, 254, d 181, 183 (1966).
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State of Minnesota v. Jorge Armando Benavides
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 v. Unverzagt and Associates, LLC d/b/a Fitness Together Maple Grove
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”).