Cited by
Opinions in Minnesota that cite Schoepke v. Alexander Smith & Sons Carpet Co., 187 N.W.2d 133.
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Candice Martinez v. LM General Insurance Company
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co.
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Larry Nettles v. MPLP West St Paul 1 LLC
Minn. Ct. App. 2024
See Schoepke v. Alexander Smith & Sons Carpet Co., d 133, 135 (Minn. 1971) (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).
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Anne L Doering v. 2Care4U South, LLC, 4U Home Health Care South, LLC, Department of Employment and Economic …
Minn. Ct. App. 2024
Peterson, d at 883; Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorit[y] is waived .
- State of Minnesota v. Edin Gaspar Cruz Flores AKA Marcelino Rivera Rodriguez Minn. Ct. App. 2024
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State of Minnesota v. Edin Gaspar Cruz Flores AKA Marcelino Rivera Rodriguez
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co., (applying this aspect of Schoepke); (same), rev. denied (Minn. Apr.
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In the Matter of the Civil Commitment of: Joshua Lee Winsky
Minn. Ct. App. 2024
“‘An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.’” (quoting Schoepke v. Alexander Smith & Sons Carpet Co. , ), rev. denied (Minn. Apr.
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In re the Marriage of: Maria Bernice Dunn v. Michael Wayne Dunn, County of Anoka, Intervenor
Minn. Ct. App. 2024
See Schoepke v. Alexander Smith & Sons Carpet Co., (determining that “an assignment of error .
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Jennifer A. Hindermann, as executrix of the Estate of David K. Hindermann and as beneficiary of the Revocable …
Minn. Ct. App. 2024
[and] the burden of showing error rests upon the one who relies upon it.” ); Schoepke v. Alexander Smith & Sons Carpet Co., (“An 9 assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).
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In the Matter of: Suad Mohamoud
Minn. Ct. App. 2024
But even if we were to consider Mohamoud’s claim of racial bias, we note that “[a]n assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co.
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Heidi Ann Collins v. Angel Marie Morgan Below, Brandon Lee St. George
Minn. Ct. App. 2024
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., d 716, 725 (Minn. App. 2001) (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
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State of Minnesota v. Leneil James Colbert
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co., (applying this aspect of Schoepke).
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Ingrid Shoat v. Sonny Pham
Minn. Ct. App. 2024
Shoat states, “I would like the judge to hear my case because my privacy [was] invaded.” Although Shoat makes limited arguments, we conclude her arguments are not forfeited due to inadequate briefing because “prejudicial error is obvious upon mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on a mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error
- State of Minnesota v. Delilah Golden Metoxen Minn. Ct. App. 2024
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State of Minnesota v. Delilah Golden Metoxen
Minn. Ct. App. 2024
See Schoepke v. Alexander Smith & Sons Carpet Co., d 133, 135 (Minn. 1971) (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”); (applying th
- Fiorella Y Andrade Carpio and OBO Minor Child v. Brooke Lea Simpson Minn. Ct. App. 2024
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Fiorella Y Andrade Carpio and OBO Minor Child v. Brooke Lea Simpson
Minn. Ct. App. 2024
The issue is forfeited unless appellant can establish “prejudicial error” that is “obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., (holding that mere alleged errors unsupported by legal authority are forfeited unless error is obvious on mere inspection).
- In re the Marriage of: Sarah Mae DeVille v. Darren Lee Hickey Minn. Ct. App. 2024
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In re the Marriage of: Sarah Mae DeVille v. Darren Lee Hickey
Minn. Ct. App. 2024
will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co.
- Matthew Lalone, et al v. Daniel Joseph Duerst Minn. Ct. App. 2024
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Matthew Lalone, et al v. Daniel Joseph Duerst
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co., see also State, Dep’t of Labor & Indus.
- Kallys Albert, Sr. v. Chon Xiong, Jared J. Timmer (Progressive Claims Generalist), John Does Minn. Ct. App. 2024
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Kallys Albert, Sr. v. Chon Xiong, Jared J. Timmer (Progressive Claims Generalist), John Does
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co.
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Chad Monson, et al v. Thomas J. Egge, et al
Minn. Ct. App. 2024
“An assignment of error based on mere assertion and not supported by any argument or authorities in [a] brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co.
- In re the Marriage of: Michelle Beth Kremer v. Robbie Michael Kremer Minn. Ct. App. 2024
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In re the Marriage of: Michelle Beth Kremer v. Robbie Michael Kremer
Minn. Ct. App. 2024
See Schoepke v. Alexander Smith & Sons Carpet Co., (stating that mere assertions of error unsupported by legal argument or authority are waived unless prejudicial error is obvious on mere inspection); see also State, Dep’t of Labor & Indus.
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Natasha Siefker Cook and o/b/o Minor Children v. Tobin Jack Cook
Minn. Ct. App. 2023
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., see State Dep’t of Lab.
- Benda for Common-sense, a Minnesota Non-Profit Corporation, et al v. Denise Anderson, Director of Rice County Property and … Minn. Ct. App. 2023
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Benda for Common-sense, a Minnesota Non-Profit Corporation, et al v. Denise Anderson, Director of Rice County Property and …
Minn. Ct. App. 2023
Co. of Am., (“[I]ssues not raised or argued in an appellant’s brief are waived and cannot be revived in a reply brief.”), aff’d, and Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellants’ brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).
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ESA P Portfolio Operating Lessee LLC dba Extended Stay America Suites-Eden Prairie-Valley View Road v. Jessie Lin
Minn. Ct. App. 2023
Schoepke v. Alexander Smith & Sons Carpet Co., .
- Megan Guetzkow, et al v. Brian John Irgens Minn. Ct. App. 2023
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Megan Guetzkow, et al v. Brian John Irgens
Minn. Ct. App. 2023
Schoepke v. Alexander Smith & Sons Carpet Co., d 133, 135 (Minn. 1971).
- Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC, et al Minn. Ct. App. 2023
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Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC, et al
Minn. Ct. App. 2023
Schoepke v. Alexander Smith & Sons Carpet Co.
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State of Minnesota v. Kyle Duwayne Harms
Minn. Ct. App. 2023
s have not directly addressed the standard for a waiver of the Friedman right to counsel” and “[w]ithout further guidance, this Court must assume that the general rule for a waiver applies.” Moreover, an issue based on mere assertion and not supported by argument or authority is waived “ unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co.
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Bruce A. Rasmussen & Associates, LLC v. Brooks Di Santo S.E.N.C.
Minn. Ct. App. 2023
See Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”); (apply
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In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk
Minn. Ct. App. 2023
See Schoepke v. Alexander Smith & Sons Carpet Co. , (assignment of error in a brief based on “mere assertion” and not supported by argument or authority “is [forfeited] and will not be considered on appeal unless prejudicial error is obvious on mere inspection”); (applying Schoepke in a famil
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Laurie J. Stangel, et al v. Elliot Day Whipple, Jordan Gall, Greg Rutten
Minn. Ct. App. 2023
An assignment of error that is based on “mere assertion” and is unsupported by legal authority is forfeited and need not be considered “unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., (applying this aspect of Schoepke), rev. denied (Minn. Apr.
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David M. Smith, et al v. Temple Corp., Inc., et al
Minn. Ct. App. 2023
[and] the burden of showing error rests upon the one who relies upon it.”); Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).
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Gregory M. Reinert v. Fairview Health Services, Department of Employment and Economic Development
Minn. Ct. App. 2023
See Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).
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Husen A. Guffe v. Wal-Mart Associates, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2023
9 772 (Minn. App. 1997) (quoting Schoepke v. Alexander Smith & Sons Carpet Co., ); Yusuf v. Masterson Pers., Inc., (applying Modern Recycling to an unemployment case).
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Charles Matthew Waters v. Anita Marie Waters
Minn. Ct. App. 2023
v. Wintz Parcel Drivers, Inc., (declining to reach an issue not adequately briefed); Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection”); Braend, d at 929 (applying Schoepke in an OFP appeal); see also W
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Hudson Financial LLC v. City of Eagan
Minn. Ct. App. 2023
See Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).
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Patrick Dinneen v. Timothy Melby, et al., Add-Ventures, Inc.
Minn. Ct. App. 2023
is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co.
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In re the Matter of: John Erik Ensrud v. Janette Lea Eastman
Minn. Ct. App. 2023
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., see Minn. Dep’t of Labor & Indus.
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Tyler Grant Thompson v. Arlen Britton
Minn. Ct. App. 2023
Schoepke v. Alexander Smith & Sons Carpet Co.
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In re the Matter of: Pamela Jean Anderson, et al v. Amanda Renee Gbeyetin Below, Hountcheme Yelognisse Gbeyetin
Minn. Ct. App. 2023
As such, we could determine that father’s (stating that reviewing courts generally consider only issues presented to and considered by district court); Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities .
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Ronald Hagle, et al v. Erickson, Bell, Beckman & Quinn, P.A., et al
Minn. Ct. App. 2023
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co.
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Marthamae Kottschade v. Richard A. Mokua, et al
Minn. Ct. App. 2023
Schoepke v. Alexander 11 Smith & Sons Carpet Co., (applying this aspect of Schoepke); Ganguli v. Univ.
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In the Matter of the Welfare of the Child of: A. R. J. and B. J. J., Parents
Minn. Ct. App. 2022
See Schoepke v. Alexander Smith & Sons Co., n.7 (Minn. App. 2021), rev. denied (Dec.
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Terance Simmons v. Judge Jamie L. Anderson
Minn. Ct. App. 2022
See Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived 5 and will not be considered on appeal unless prejudicial error is obvious on mere inspection.”).