Cited by
Opinions in Minnesota that cite Kush v. Mathison, 683 N.W.2d 841.
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In the Matter of the Leonard E. Erlandson and Marion L. Erlandson Irrevocable Trust
Minn. Ct. App. 2024
See Pechovnik v. Pechovnik, 765 (deferring to the district court’s implicit credibility determination); -44 (Minn. App. 2004) (stating that due regard is given to the district court’s opportunity to judge the credibility of witnesses), rev. denied (Minn. Sept.
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In the Matter of: Casey McDougall v. Joseph Mark Plumer, Jr.
Minn. Ct. App. 2024
rev. denied (Minn. Sept.
- Allison Marie Wolf v. John Roman Schmainda Minn. Ct. App. 2024
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Allison Marie Wolf v. John Roman Schmainda
Minn. Ct. App. 2024
ve or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target.” To constitute harassment, a person’s behavior must go “beyond an acceptable expression of outrage and civilized conduct.” rev. denied (Minn. Sept.
- Lindsay Allyn Yates Plumer v. Joseph Mark Plumer, Jr. Minn. Ct. App. 2024
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Lindsay Allyn Yates Plumer v. Joseph Mark Plumer, Jr.
Minn. Ct. App. 2024
This includes conduct that “goes beyond an acceptable expression of outrage and civilized conduct, and instead causes a substantial adverse effect on another’s safety, security or privacy.” rev. denied (Minn. Sept.
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Natasha Siefker Cook and o/b/o Minor Children v. Tobin Jack Cook
Minn. Ct. App. 2023
rev. denied (Minn. Sept.
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Rosa Maria Maldonado Lopez v. Brooke Lea Simpson
Minn. Ct. App. 2023
rev. denied (Minn. Sept.
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Kathleen S. Mosdal and OBO Minor children v. Jarred Isaac Mosdal
Minn. Ct. App. 2023
rev. denied (Minn. Sept.
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Rebecca Lynn Fideldy v. Rose Marie Schumacher
Minn. Ct. App. 2023
rev. denied (Minn. Sept.
- Todd Brian Kerber v. Anna Renee McKinnon Minn. Ct. App. 2023
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Melanie Jane Anderson and obo minor children v. Nicholas Anton Banyai
Minn. Ct. App. 2023
We review the district court ’s factual findings for clear error giving due regard “to the district court’s opportunity to judge the credibility of witnesses.” - 44 (Minn. App. 2004) , rev. denied (Minn. Sept.
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Jamie Marie Cambronne, and On Behalf of Minor Children v. Jake Chapp
Minn. Ct. App. 2023
“[D]ue regard is given to the district court’s opportunity to judge the credibility of witnesses.” -44 (Minn. App. 2004) (citing Minn. R. Civ.
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Tyler Grant Thompson v. Arlen Britton
Minn. Ct. App. 2023
rev. denied (Minn. Sept.
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Catherine E. Jacobson v. Francesco Parisi
Minn. Ct. App. 2023
28, 2006); rev. denied (Minn. Sept.
- Arctos Wealth Management and Fiduciary LLC, o/b/o Irvin John Cooper, Sr. v. Kathy Jeno, aka Kathy Brown, aka … Minn. Ct. App. 2023
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Brita Springstead v. Allen Peterson
Minn. Ct. App. 2022
rev. denied (Minn. Sept.
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Kari Anne Visser and on behalf of Desirae Mae McPhail and D.J.M., minor child v. Blair E. Willprecht
Minn. Ct. App. 2022
rev. denied (Minn. Sept.
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Heidi Lee Wolf v. Bradley Athmann
Minn. Ct. App. 2022
Objectively unreasonable conduct is conduct that “goes beyond an acceptable expression of outrage and civilized conduct.” rev. denied (Minn. Sept.
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Mary Madonna Schlumpberger and on behalf of minor child v. Renee Anita Vasko
Minn. Ct. App. 2022
Objectively unreasonable conduct includes conduct that “goes beyond an acceptable expression of outrage and civilized conduct.” rev. denied (Minn. Sept.
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Dane Michael Vandervoort v. Anthony Pietrzak
Minn. Ct. App. 2022
–44 (Minn. App. 2004), rev. denied (Minn. Sept.
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Katherine Dillard Rice Hayes v. Augustus Conrade Thomas
Minn. Ct. App. 2022
We review “a district court’s grant of a[n HRO] under an abuse -of-discretion standard.” rev. denied (Minn. Sept.
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Megan Marie Johnson v. Richard Preston Blackwell
Minn. Ct. App. 2022
We also give “due regard” to the “district court’s opportunity to judge the credibility of witnesses.” -44 (Minn. App. 2004), rev. denied (Minn. Sept.
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Rebecca Sue Nash v. James Allen Piens
Minn. Ct. App. 2022
5(b)(3) (2020); rev. denied (Minn. Sept.
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Elizabeth Annette Robyn Wolter, OBO A. R. W v. Nicholas John Wolter
Minn. Ct. App. 2022
Two or more instances of harassing conduct constitute “repeated incidents.” Kush v. Mathison , rev. denied (Minn. Sept.
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In re The Robert Preus and Donna Mae Preus Lake Property Family Trust
Minn. Ct. App. 2021
-44 (Minn. App. 2004) (stating that due regard is given to the district court’s opportunity to judge the credibility of witnesses), rev. denied (Minn. Sept.
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Kallys Albert Sr. v. Allen Eduardo Diaz
Minn. Ct. App. 2021
5(b)(3) (2020); rev. denied (Minn. Sept.
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Sarah Anne Trisko, and o/b/o Minor Children v. Karen Mary Hartung
Minn. Ct. App. 2021
This court has stated, “whether certain conduct constitutes harassment may be judged from both an objective standard, when assessing the effect the conduct has on the typical victim, and a subjective standard, to the extent the court may determine the harasser’s intent.” rev. denied (Minn. Sept.
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Kadi Beth Jackson, o/b/o Minor Children v. Robert Bradley Daniel
Minn. Ct. App. 2021
5(b)(3) (2020); rev. denied (Minn. Sep.
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Heather Mary Zigan v. Louis Leroy Gray
Minn. Ct. App. 2021
We review “a district court ’s grant of a [n H RO] under an abuse -of-discretion standard.” Kush v. Mathison , , review denied (Minn. Sept.
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Joel Leslie Wells v. Jeffrey Fischbach
Minn. Ct. App. 2021
Kush v. Mathison , 3 (Minn. App. 2004), review denied (Minn. Sept.
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Amanda Marie Van Ryswyk v. Joshua Thomas Van Ryswyk, and Joshua Thomas Van Ryswyk, vs. Amanda Marie Van …
Minn. Ct. App. 2021
P. 52.01; -44 (Minn. App. 2004), review denied (Minn. Sept.
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Emily Mae Peterson v. Scott Howard Meyer
Minn. Ct. App. 2021
Objectively unreasonable conduct includes conduct that “goes beyond an acceptable expression of outrage and civilized conduct, and instead causes a substantial adverse effect on another's safety, security or privacy.” d 841, 846 (Minn. App. 2004), review denied (Minn. Sept.
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Charity Amber Billings v. Aaron Louis Olson
Minn. Ct. App. 2021
review denied (Minn. Sept.
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Molly Elizabeth Joyce v. Randy Clement
Minn. Ct. App. 2021
“A district court’s findings of fact will not be set asid e unless clearly erroneous, and due regard is given to the district court’s opportunity to judge the credibility of witnesses.” -44 (Minn. App. 2004), review denied (Minn. 5 Sept.
- Mitchell Wilfred Suess v. Wesley W. Scott Minn. Ct. App. 2021
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Wayne Floyd O’Connor v. Byron Thomas O’Connor
Minn. Ct. App. 2021
In reviewing the district court’s decision to issue an HRO, “findings of fact will not be set aside unless clearly erroneous, and due regard is given to the district court’s opportunity to judge the c redibility of witnesses.” –44 (Minn. App. 2004), review denied (Minn. Sept.
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Lindsey Middlecamp v. Brock William Fredin
Minn. Ct. App. 2021
Kush v. Mathison , d 841, 843-44 (Minn. App. 2004), review denied (Minn. Sept.
- Ronald Regino Altamirano v. Katherine Peterson Minn. Ct. App. 2021
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Matthew James Beland v. Heidi Hamre-Rylander (A20-0957), Kurtis Rylander (A20-0958)
Minn. Ct. App. 2021
28, 2006); see also, (recognizing that HRO proceedings are civil in nature); -44 (Minn. App. 2004) (applying the Minnesota Rules of Civil Procedure to an HRO proceeding) , review denied (Minn. Sept.
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Peter Richard Rickmyer v. Mimmie Woodall
Minn. Ct. App. 2021
“A district court’s findings of fact will not be se t aside unless clearly erroneous, and due regard is given to the district court’s oppo rtunity to judge the credibility of witnesses.” -44 (Minn. App. 2004), review denied (Minn. Sept.
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Tammy Ann Harris, and on behalf of Margaret M. Banks v. Richard Mark Gellerman
Minn. Ct. App. 2021
review denied (Minn. Sept.
- Sandra May Schumann v. Dana Scott Wiberg Minn. Ct. App. 2020
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Judith Ann Rossel v. Shane Olson (A20-0069), Rhonda Spreeman (A20-0072)
Minn. Ct. App. 2020
Kush v. Mathison , review denied (Minn. Sept.
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Sharon McCrea v. Eric Maurice Smith
Minn. Ct. App. 2020
“A court may grant a harassment restraining order when the court finds at the hearing that there are reasonable grounds to believe that the respondent has engaged in harassment.” Kush v. Mathison , (quotation omitted), review denied (Minn. Sept.
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Derik John Grittner, et al v. Mark Steven Buhr
Minn. Ct. App. 2020
3 (Minn. App. 2004), review denied (Minn. Sept.
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Gail Marie Peterson, and o/b/o minor child v. Preston David Vaughn
Minn. Ct. App. 2020
“A dist rict court’s findings of fact will not be set aside unless clearly erroneous, and due regard is given to the district court’s opportunity to ju dge the credibility of witnesses.” Kush v. Mathison , -44 (Minn. App. 2004), review denied (Minn. Sept.
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Jay Thomas Nygard v. Patrick Walsh
Minn. Ct. App. 2020
Kush v. Mathison , 3 (Minn. App. 2004), review denied (Minn. Sept.
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Annikki Lee Hockert v. Andrew John Towle
Minn. Ct. App. 2020
- 44 (Minn. App. 2004), review denied (Minn. Sept.
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Catherine Marie Schaefer v. Brock William Fredin
Minn. Ct. App. 2020
Kush v. Mathison , review denied (Minn. Sept.