Cited by
Opinions in Minnesota that cite Beardsley v. Garcia, 753 N.W.2d 735.
- In the Matter of: Tracie Nicole O dle and OBO Minor Children, petitioner, Respondent, vs. Jonathan James O … Minn. Ct. App. 2024
- In the Matter of: Tammy Alberts v. Joseph Alberts Minn. Ct. App. 2024
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In the Matter of: Tammy Alberts v. Joseph Alberts
Minn. Ct. App. 2024
(rejecting due-process challenge to OFP when appellant had notice and opportunity to be heard and failed to show how other procedures were needed to protect her interests), aff’d
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In re the Custody of K.S. A. and G. M. A., Catherine Easter, petitioner, Respondent,
Minn. Ct. App. 2022
Our goal in statutory interpretation “is to ascertain and effectuate the intention of the legislature.” (quoting Minn. Stat. § 645.16 (2006)).
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In the Matter of: Gohar Yesayan, Respondent,
Minn. Ct. App. 2021
(quotation omitted), aff’d
- In the Matter of: Chelsey Lynn Ness, and On Behalf of the Minor Children, petitioner, Respondent, Minn. Ct. App. 2020
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In re the Matter of:
Minn. Ct. App. 2020
(“The decision to award te mporary parenting time in an OFP is within the discretion of the district court .
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In the Matter of the Application of J.M.M.
Minn. 2020
The act provides that “a biological mother of a child who was not married to the child’s father when the child was born or conceived has sole custody of the child until specific court proceedings are held that determine custody issues.” (Meyer, J., dissenting) ; see Minn. Stat. § 257.541, subd.
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Judy E. Adams, Appellant,
Minn. Ct. App. 2018
” (quotation omitted), aff’d
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A17-1958
Minn. Ct. App. 2018
“We may not add words to a statute that the Legislature has not supplied.” (declining to interpret a statute so as to “effe ctively rewrite” it because that prerogative belongs to the legislature).
- A17-1552 Minn. Ct. App. 2018
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Korey Lee Peterson, petitioner, Appellant,
Minn. Ct. App. 2018
-38 (Minn. 2008) (stating that a ROP establishes parent-child relationship and permits a father to commence an action to determine parenting time under chapter 518).
- Aljubailah ex rel. A. M. J. v. James 903 N.W.2d 638 Minn. Ct. App. 2017
- Aljubailah ex rel. A. M. J. v. James 903 N.W.2d 638 Minn. Ct. App. 2017
- In re the Matter of: Tamara Lynn Kriesel, petitioner, Respondent, Minn. Ct. App. 2017
- In the Matter of: Bret William Smith v. Timothy Patrick Lyons Minn. Ct. App. 2017
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In the Matter of: Bret William Smith v. Timothy Patrick Lyons
Minn. Ct. App. 2017
See, (reviewing an issue in the interest of justice even though the issue was not raised in district court proceedings that granted an OFP petition and also permitted supervised parenting time to an alleged abuser), aff’d
- STRIB IV, LLC fka Richard T. Burke I, LLC, Relator v. County of Hennepin 886 N.W.2d 821 Minn. 2016
- In re the Estate of: Edward D. Kane a/k/a Edward Donald Kane, Decedent. Minn. Ct. App. 2016
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In re the Estate of: Edward D. Kane a/k/a Edward Donald Kane, Decedent.
Minn. Ct. App. 2016
“A district court abuses its discretion by resolving the matter in a manner that is against logic and the facts on record.” (quotation omitted), aff’d
- In re the Matter of: Sara Marie Gasper o/b/o A. R. G., A. J. G. and A. L. … Minn. Ct. App. 2015
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In re the Matter of: Sara Marie Gasper o/b/o A. R. G., A. J. G. and A. L. …
Minn. Ct. App. 2015
But, this court has determined that during an OFP hearing regarding the issues raised by the issuance of an emergency OFP, the challenging party has the right “to present and cross-examine witnesses, [to] produce documents, and [to] have [the] case decided on [the] merits.” aff’d, 1 1 Beardsley’s description of a “hearing” which described the “full hearing” requirement under the Domestic Abuse Act in effect during El Nashaar’s appeal.
- In the Matter of: Gina Marie Johnson, individually and on behalf of Mickey Steele Sullivan v. Jacob Khamis … Minn. Ct. App. 2014
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In the Matter of: Gina Marie Johnson, individually and on behalf of Mickey Steele Sullivan v. Jacob Khamis …
Minn. Ct. App. 2014
s but contends that “the record makes clear that the district court [] moved through the hearing in such a way that there was no such right afforded.” However, “[a]lthough a petitioner in an OFP proceeding is entitled to a hearing, the failure to request a particular procedure, such as cross- examination, constitutes waiver.” aff’d
- Christianson v. Henke 831 N.W.2d 532 Minn. 2013
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Christianson v. Henke
831 N.W.2d 532
Minn. 2013
(awarding parenting time during an OFP proceeding based on an ROP); In re Child of B.J.-M.
- Staab v. Diocese of St. Cloud 813 N.W.2d 68 Minn. 2012
- In re the Welfare of the Child of E.A.C. 812 N.W.2d 165 Minn. Ct. App. 2012
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In re the Welfare of the Child of E.A.C.
812 N.W.2d 165
Minn. Ct. App. 2012
v. Cold Spring Granite Co., aff'd (“[W]e are bound to apply the law as written.”); (declining to adopt interpretation of statute amounting to revision because “[t]he prerogative of amending a statute in such a fashion belongs to the legislature, not to this *172 court”); Hutchinson Tech., Inc. v. Comm’r of Revenue, (reiterating that courts may not write
- Emerson v. Board of Independent School District 199 809 N.W.2d 679 Minn. 2012
- State v. Heiges 806 N.W.2d 1 Minn. 2011
- State v. Heiges 806 N.W.2d 1 Minn. 2011
- Schmidt ex rel. P.M.S. v. Coons 795 N.W.2d 625 Minn. Ct. App. 2011
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Schmidt ex rel. P.M.S. v. Coons
795 N.W.2d 625
Minn. Ct. App. 2011
r. And “even when there has not *630 been physical abuse of the child, the child may suffer emotional distress in the presence of an abusive parent; and a child exposed to violence may perpetuate that behavior.” (holding that in OFP proceeding, district court had discretion to curtail parenting time to parent who abused other parent), aff'd
- Williams v. National Football League 794 N.W.2d 391 Minn. Ct. App. 2011
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Williams v. National Football League
794 N.W.2d 391
Minn. Ct. App. 2011
(“When the language of a statute is plain and unambiguous, it is assumed to manifest legislative intent and must be given effect.” (quotation omitted)).
- U.S. Bank N.A. v. Cold Spring Granite Co. 788 N.W.2d 160 Minn. Ct. App. 2010
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U.S. Bank N.A. v. Cold Spring Granite Co.
788 N.W.2d 160
Minn. Ct. App. 2010
(declining to adopt interpretation of statute that would amount to revision because “[t]he prerogative of amending a statute in such a fashion belongs to the legislature, not to this court”); Martinco v. Hastings, 265 Minn. 490, 497 , (“If there is to be a change in the stat
- Gassler v. State 787 N.W.2d 575 Minn. 2010
- Gassler v. State 787 N.W.2d 575 Minn. 2010
- Premier Bank v. BECKER DEVELOPMENT, LLC 785 N.W.2d 753 Minn. 2010
- Premier Bank v. BECKER DEVELOPMENT, LLC 785 N.W.2d 753 Minn. 2010
- Edwards v. HOPKINS PLAZA LTD. PARTNERSHIP 783 N.W.2d 171 Minn. Ct. App. 2010
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Edwards v. HOPKINS PLAZA LTD. PARTNERSHIP
783 N.W.2d 171
Minn. Ct. App. 2010
-64 (Minn.2010) (noting that the MHRA specifically prohibits certain conduct in particular contexts, and declining to read a cause of action for discrimination for a person not a party to a contract, where the MHRA does not specifically provide one); (declining to interpret the statute so as to “effectively rewrite” it because that prerogative belongs to the legislature rather than the court); (“The policy-based argument ...
- Brayton v. Pawlenty 781 N.W.2d 357 Minn. 2010
- In Re the Welfare of the Children of A.I. 779 N.W.2d 886 Minn. Ct. App. 2010
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In Re the Welfare of the Children of A.I.
779 N.W.2d 886
Minn. Ct. App. 2010
§ 645.16 (2008); (stating that language must be given effect when it is plain and unambiguous).
- Goodman v. Best Buy, Inc. 777 N.W.2d 755 Minn. 2010
- Goodman v. Best Buy, Inc. 777 N.W.2d 755 Minn. 2010
- Laase v. 2007 Chevrolet Tahoe 776 N.W.2d 431 Minn. 2009