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, Appellant,
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co.
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Larry Nettles, Appellant,
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, Relator,
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:
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, petitioner, Respondent,
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, Respondent,
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co., (applying this aspect of Schoepke).
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Ingrid Shoat, Appellant,
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 v. Daniel Joseph Duerst Minn. Ct. App. 2024
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Matthew Lalone 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), ... Minn. Ct. App. 2024
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Kallys Albert, Sr. v. Chon Xiong, Jared J. Timmer (Progressive Claims Generalist), ...
Minn. Ct. App. 2024
Schoepke v. Alexander Smith & Sons Carpet Co.
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Chad Monson, et al., Respondents,
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, Respondent,
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 v. Denise Anderson, Director of Rice ... Minn. Ct. App. 2023
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Benda for Common-sense, a Minnesota Non-Profit Corporation v. Denise Anderson, Director of Rice ...
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, Respondent,
Minn. Ct. App. 2023
Schoepke v. Alexander Smith & Sons Carpet Co., .
- Megan Guetzkow v. Brian John Irgens Minn. Ct. App. 2023
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Megan Guetzkow 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 Minn. Ct. App. 2023
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Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC
Minn. Ct. App. 2023
Schoepke v. Alexander Smith & Sons Carpet Co.
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State of Minnesota, Respondent,
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, Appellant,
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:
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., Respondents,
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., Respondents,
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, Relator,
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, Relator,
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, petitioner, Appellant,
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, Appellant,
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, Appellant,
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, petitioner, Respondent,
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, Respondent,
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., Respondents,
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., Appellants,
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, Appellant,
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, Appellant,
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.”).