Cited by
Opinions in Minnesota that cite Dailey v. Chermak, 709 N.W.2d 626.
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In re the Marriage of: Abdihafid Hariri Hassan Yusuf v. Neama Omar Y Al Somali
Minn. Ct. App. 2026
Co., (stating that “[e]ven though the decision of the trial court in the first order may have been wrong, if it is an appealable order it is still final after the time for appeal has expired”); (applying this aspect of Dieseth in a family-law appeal), rev. denied (Minn. May 16, 2006).
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In the Marriage of: Michaela Dojcinovic Bachmayer v. Kyle Dalke Bachmayer
Minn. Ct. App. 2026
may have been wrong, if it is an appealable order it is still final after the time for appeal has expired”); (applying this aspect of Dieseth in a family-law appeal), rev. denied (Minn. May 16, 2006).
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In the Marriage of: Jeneen Marie Molldrem v. Kevin Daniel Molldrem
Minn. Ct. App. 2026
She points to Dailey v. Chermak, which directs that “conclusions of law (which become the judgment in the case) prevail over an inconsistent statement in the findings of fact.”
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State of Minnesota v. Jawane Deshawn Bellazan
Minn. Ct. App. 2025
See Dailey v. Chermak , (“There is caselaw authority that the mislabeling of a finding of fact as a conclusion of law, or vice versa, is not determinative of the true nature of the item.”), rev. denied (Minn. May 16, 2006).
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In re the Marriage of: Erin Renae McKissock n/k/a Erin Renae Kelly v. Brian Todd McKissock
Minn. Ct. App. 2023
8 the child’s best interests.” Daily v. Chermak , (emphasis added) , rev. denied (Minn. May 16, 2006).
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In the Matter of the Welfare of the Children of: A.K., Parent
Minn. Ct. App. 2022
Co., (“Even though the decision of the trial court in the first order may have been wrong, if it is an appealable order it is still final after the time for appeal has expired.”); (applying this aspect of Dieseth in family law appeal), rev. denied (Minn. May 16, 2006).
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In re the Marriage of: Kimberly Erin Macfarlane v. Bruce Travis Adam Macfarlane
Minn. Ct. App. 2022
But when there is a conflict b etween a finding of fact and a conclusion of law that has become part of the judgment, “the judgment is binding and prevails over an inconsistent statement in an underlying finding of fact.” rev. denied (Minn. May 16, 2006).
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Hodan Dualeh v. Mohamed Abdulle, et al
Minn. Ct. App. 2022
They do not challenge any of the “findings of fact” labeled as such in the district court’s order; they challenge purported factual findings contained in the “conclusions of law.” Although “the mislabeling of a finding of fact as a conclusion of law, or vice versa, is not determinative of the true nature of the item,” rev. denied (Minn. May 16, 2006), we observe that most of the challenged “findings” are not factual in nature or are premised on credibility determinations.
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In re the Marriage of: William T. Bienemann v. Yelena Y. Bienemann
Minn. Ct. App. 2022
-32 (Minn. App. 2006), rev. denied (Minn. May 16, 2006).
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Alison Margaret Perry v. Douglas Perry, et al., Expert Sheet Metal, Inc., et al
Minn. Ct. App. 2021
Co. , (applying this aspect of Dieseth in family law appeal), rev. denied (Minn. May 16, 2006).
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In re the Marriage of: Katherine Theresa Blair v. Campbell Johnston Blair
Minn. Ct. App. 2021
See, e.g., Schisel, d at 271 (reversing a requirement on where a child had to live when the requirement was imposed without best- interest findings); (holding “there is no absolute prohibition under Minnesota law against awarding child custody on the condition of maintaining a specific geographic residence for the child, as long as that residence is shown clearly and genuinely to serve the child’s best interests”), review denied (Minn. Ma
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In re the Matter of: Brooks J. Waldron v. Uneica Nicole Garrett
Minn. Ct. App. 2021
Co., (stating that “[e]ven though the decision of the trial court in the first order may have been wrong, if it is an appealable or der it is still final after the time for appeal has expired.”); 13 Dailey v. Chermak , (applying this aspect of Dieseth in family law appeal), review denied (Minn. May 16, 2006).
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In re the Marriage of: Jane Swenson Amdal v. Keith Solomon Moheban
Minn. Ct. App. 2020
Co. , (stating that “[e]ven though the decision of the trial court in the first order may have been wrong, if i t is an appealable order it is still final after the time for appeal has expired.”); Dailey v. Chermak , (citing this aspect of Dieseth in family law appeal), review denied (Minn. May 16, 2006).
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In re the Marriage of: Kristine Ann Spratt Hansen, n/k/a Kristine Ann Spratt v. Christopher Patrick Hansen
Minn. Ct. App. 2020
the judgment is considered final.” d 626, 631 (Minn. App. 2006) , review denied (Minn. May 16, 2006) .
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In re the Marriage of: Jane Ann Holm v. Stephen Edward Kuske
Minn. Ct. App. 2020
State v. 2 While we note that a judgment is final even if in error, d 626, 631 (Minn. App. 2006), review denied (Minn. May 16, 2006) , and that we do not permit collateral attacks on judgments on nonjurisdictional grounds, review denied (Minn. Feb.
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State of Minnesota v. Nicholas Oliver Ekelund
Minn. Ct. App. 2020
However, we are not bound by the characterization a judicial statement as a “finding of fact” or as a “conclusion of law.” Dailey v. Chermak , review denied (Minn. May 16, 2006).
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In re the Marriage of: Christopher Warren Rupp v. Elisabeth Hastings Felten, f/k/a Elisabeth Hastings Felten Rupp
Minn. Ct. App. 2019
Co., (stating that “[e]ven though the decision of the trial court in the first order may have been wrong, if it is an appealable order it is still final after the time for appeal has expired”); (citing this aspect of Dieseth in a family law appeal), review denied (Minn. May 16, 2006).
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In re the Marriage of: Tiffany Elizabeth Jean Banerjee v. Animesh Banerjee
Minn. Ct. App. 2019
-32 (Minn. App. 2006), review denied (Minn. May 16, 2006).
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Alla K. Popovich, as wife and Guardian Ad Litem for Aleksandr M. Popovich, et al v. Allina Health …
Minn. Ct. App. 2019
But we corrected the Imdieke declaration of supposed law in 2006 when we finally noticed that “Auge did not involve an issue of conditional custody, and there is no statement in the Auge opinion that custody conditioned on maintaining a particular residence for a child is contrary to Minnesota law.” (Mi nn.
- Johnson v. Johnson 902 N.W.2d 79 Minn. Ct. App. 2017
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Johnson v. Johnson
902 N.W.2d 79
Minn. Ct. App. 2017
Co., 275 Minn. 365, 370-71 , (stating that “[e]ven though the décision of the trial court in the first order may have been wrong, if it is an appealable order it is still final after the time for appeal has expired”); (Minn.App.
- In the Matter of: Colleen Marie Siverling v. Dominic Andrew Bjerke Minn. Ct. App. 2016
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In the Matter of: Colleen Marie Siverling v. Dominic Andrew Bjerke
Minn. Ct. App. 2016
(citing Graphic Arts Educ.
- Miller v. Lankow 776 N.W.2d 731 Minn. Ct. App. 2009
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Miller v. Lankow
776 N.W.2d 731
Minn. Ct. App. 2009
(“Mislabeling of a finding of fact as a conclusion of law, or vice versa, is not determinative of the true nature of the item.”), review denied (Minn. May 16, 2006).
- State v. N.G.K. 770 N.W.2d 177 Minn. Ct. App. 2009
- State v. NGK 770 N.W.2d 177 Minn. Ct. App. 2009
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State v. N.G.K.
770 N.W.2d 177
Minn. Ct. App. 2009
review denied (Minn. May 16, 2006); Dixon v. Depositors Ins.
- State v. NGK 770 N.W.2d 177 Minn. Ct. App. 2009
- U.S. Home Corp. v. Zimmerman Stucco & Plaster, Inc. 749 N.W.2d 98 Minn. Ct. App. 2008
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U.S. Home Corp. v. Zimmerman Stucco & Plaster, Inc.
749 N.W.2d 98
Minn. Ct. App. 2008
See Janssen v. Best & Flanagan, LLP, (stating that a judgment or appealable order becomes final if a timely appeal is not filed); review denied (Minn. May 16, 2006) (same).
- Marriage of Goldman v. Greenwood 748 N.W.2d 279 Minn. 2008
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Marriage of Goldman v. Greenwood
748 N.W.2d 279
Minn. 2008
ers,” and we agree with the recognition of the court of appeals in Dailey v. Chermak “that there is no absolute prohibition under Minnesota law against awarding child custody on the condition of maintaining a specific geographic residence for the child, as long as that residence is shown clearly and genuinely to serve the child’s best interests,” (Minn.App.
- Marriage of Goldman v. Greenwood 725 N.W.2d 747 Minn. Ct. App. 2007
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Marriage of Goldman v. Greenwood
725 N.W.2d 747
Minn. Ct. App. 2007
272, 273 (1895) (first observing that the child’s best interests rise above the interests of the parent, even where the parent’s interest is recognized by statute); , 176 (Minn.2002); review denied (Minn. May 16, 2006).