Cited by
Opinions in Minnesota that cite Dunn v. National Beverage Corp., 745 N.W.2d 549.
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BGD, LLC v. Stephen K. Burns, Pacer Minerals, LLC, a South Dakota Limited Liability Company, et al
Minn. Ct. App. 2026
If the answers to special verdict questions can be reconciled on any theory, the verdict will not be disturbed.” Dunn v. Nat’l Beverage Corp., (quotations and citation omitted); see also Domtar, Inc. v. Niagara Fire Ins.
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City Market & Halal Meat, Inc. v. M&S Properties, LLC
Minn. Ct. App. 2026
We generally “will not disturb a damage award unless the failure to do so would be shocking or would result in plain injustice.” Dunn v. Nat’l Beverage Corp., d 549, 555 (Minn. 2008) (quotation omitted).
- Classic Auto Storage, LLC v. Restoration Technologies, Inc, et al Minn. Ct. App. 2026
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Classic Auto Storage, LLC v. Restoration Technologies, Inc, et al
Minn. Ct. App. 2026
If the answers to special verdict questions can be reconciled on any theory, the verdict will not be disturbed.” Dunn v. Nat’l Beverage Corp., (quotations and citation omitted).
- Renee Hogendorf v. James J. Green, Jr., et al Minn. Ct. App. 2026
- Tescil Romalis Mason-Kimmons v. State of Minnesota Minn. 2025
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Tescil Romalis Mason-Kimmons v. State of Minnesota
Minn. 2025
It is true that “appellate courts may not sit as factfinders” and cannot “make or modify findings of fact.” Dunn v. Nat’l Beverage Corp., (citation omitted) (internal quotation marks omitted).
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Sustainable 9, LLC d/b/a Sustainable 9 Design + Build v. Jacqueline Coleman, Riverland Bank, John Doe, et al
Minn. Ct. App. 2025
Appellate courts must determine whether the jury’s findings “can be reconciled in any reasonable manner consistent with the evidence and its fair inferences.” Dunn v. Nat’l Beverage Corp ., (quotation omitted); (“If the answers to special verdict questions can be reconciled on any theory, the verdict will not be disturbed.”).
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Jaguar Communications, LLC (A25-0090) v. Daniel Petsinger (A25-0025)
Minn. Ct. App. 2025
The district court applied granted to Petsinger is not “shocking” and does not “result in plain injustice.” Dunn v. Nat’l Beverage Corp., (quotation omitted).
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Reliant Loan Servicing, LLC v. Kimloan Thi Nguyen, PHH Mortgage Corporation, et al
Minn. Ct. App. 2025
We generally will not disturb a monetary award unless failing to do so would be “shocking or would result in plain injustice.” See Dunn v. Nat’l Beverage Corp., (quotation omitted).
- Lana Waldron, as successor Trustee of the Pick Family Trust dated December 11, 2013 v. Marilyn A Stenzel, … Minn. Ct. App. 2025
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Lana Waldron, as successor Trustee of the Pick Family Trust dated December 11, 2013 v. Marilyn A Stenzel, …
Minn. Ct. App. 2025
We “liberally construe[]” a jury’s answers on a special-verdict form “to give effect to the intention of the jury” and we must “harmonize all findings if at all possible.” Dunn v. Nat’l Beverage Corp.
- Galaxy Wireless, LLC v. Western National Mutual Insurance Company 8 N.W.3d 698 Minn. Ct. App. 2024
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Galaxy Wireless, LLC v. Western National Mutual Insurance Company
8 N.W.3d 698
Minn. Ct. App. 2024
But appellate courts “will not disturb a damage award unless the failure to do so would be shocking or would result in plain injustice.” Dunn v. Nat’l Beverage Corp., (quotation omitted).
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Liberte Construction, LLC v. Dustin D. Smith, Wells Fargo Bank, N.A.
Minn. Ct. App. 2023
“[A] special verdict form is to be liberally construed to give effect to the intention of the jury and on appellate review it is the court’s responsibility to harmonize all findings if at all possible.” Dunn v. Nat’l Beverage Corp., ().
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Kristie Kollmann, et al v. Joseph M. Garding, et al
Minn. Ct. App. 2023
Generally, “attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat’l Beverage Corp ., (quotation omitted).
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State of Minnesota v. Mark Anthony Blechinger
Minn. Ct. App. 2023
See, (noting the “factual nature of a determination that two or more offenses were part of a single course of conduct” and “the desirability of counsel first presenting to the [district] court issues concerning the application of section 609.035”) ; Dunn v. Nat’l Beverage Corp., (“[A]ppellate courts may not sit as factfinders and are not empowered to make or modify findings of fact.” (quotations and citation omitted)).
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Olson Property Investments, LLC v. Michael Alexander, et al
Minn. Ct. App. 2023
“The general rule in Minnesota is that attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat ’l Beverage Corp. , (quotation omitted) .
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TestResources, Inc. v. Metal Tech Industries, Inc.
Minn. Ct. App. 2023
“Generally, we will not disturb a damage award unless the ‘failure to do so would be shocking or would result in plain injustice.’” Dunn v. Nat’l Beverage Corp., d 549, 555 (Minn. 2008) (quoting Hughes v. Sinclair Mktg., Inc., ).
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A22-0547 Brenda Legred, f/k/a Brenda Godlove v. Brent Legred (A22-0543), and The Estate of Darlene Legred, a/k/a Darlene …
Minn. Ct. App. 2023
Generally, an appellate court “will not disturb a damage award unless the ‘failure to do so would be shocking or would result in plain injustice.’” Dunn v. Nat’l Beverage Corp., d 549, 555 (Minn. 2008) (quoting Hughes v. Sinclair Mktg., Inc., ).
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Anthony Novak v. Lorie Miller, et al
Minn. Ct. App. 2023
This court will not disturb a damage award unless the “failure to do so would be shocking or would result in plain injustice.” Dunn v. Nat’l Beverage Corp., d 549, 555 (Minn. 2008) (quotation omitted).
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Accredited Electrical Solutions, LLC, et al v. PinPoint Homes, LLC, Community Resource Bank, et al
Minn. Ct. App. 2023
Dunn v. Nat’l Beverage Corp.
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Curtis M. Smallwood v. State of Minnesota, Department of Human Services, et al
Minn. Ct. App. 2021
See, e.g., Dunn v. Nat’l Beverage Corp.
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Joseph D. Roach v. Lapp, Libra, Thomson, Stoebner & Pusch, Chartered
Minn. Ct. App. 2021
“Generally, we will not disturb a damage award unless the ‘failure to do so would be shocking or would result in plain injustice.’” Dunn v. Nat’l Beverage Corp ., (quoting Hughes v. Sinclair Mktg., Inc., ).
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Thomas M. Fafinski v. Douglas Johnson
Minn. Ct. App. 2021
In other words, we will not disturb the damage award “unless the failure to do so would be shocking or would result in plain injustice.” Dunn v. Nat’l Beverage Corp., (quotation omitted).
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Jodi D. Campbell v. John J. Larson
Minn. Ct. App. 2021
Attorney fees generally “are not recovera ble in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat’l Beverage Corp.
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Khalif Jama, et al v. Saleban Garbiye, Amal Money Wire, LLC d/b/a Amal Express, et al., and Jamal …
Minn. Ct. App. 2021
Minnesota follows the American rule “that attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat’l Beverage Corp., (M inn.
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Zulfe Enterprises, Inc., et al v. State Farm Fire and Casualty Company
Minn. Ct. App. 2020
Dunn v. Nat’l Beverage Corp., .
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Robert L. Meller, Jr., et al v. City Heights Condominium at Center Village, et al
Minn. Ct. App. 2020
In Minnesota, attorney fees generally “are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat’ l Beverage Corp.
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Christina Ginther v. Enzuri Group, LLC, et al. on Related Appeal, Independent Women’s Football League on Related Appeal
Minn. Ct. App. 2020
But appellate courts “may not sit as fact finders” and “are not empowered to make or modify findings of fact.” Dunn v. Nat’l Beverage Corp., (quotations and citations omitted).
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David Thompson, et al v. City of Kasson
Minn. Ct. App. 2020
Dunn v. Nat’l Beverage Corp.
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Waymouth Farms, Inc., Gerard S. Knight v. Shuqin Liu a/k/a Sam Liu a/k/a Peter Liu
Minn. Ct. App. 2019
“The general rule in Minnesota is that attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute 6 authorizing such recovery.” Dunn v. Nat’l Beverage Corp., (quotation and citation omitted).
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In re the Matter of: Amanda Lynn Smith v. Christopher Gordon Carothers
Minn. Ct. App. 2019
Be c a us e “ a ppe l l a t e c our t s m ay not s i t a s factfinders,” Dunn v. Nat’l Beverage Corp., (quotation omitted), they review the district court’s findings for clear e rror but may not “make or amend findings of fact,” Butch Levy Plumbing & Hea ting, Inc. v. Sallblad , d 380, 387 (Minn. 1964).
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Jeffery D. Gordon v. Consulting Radiologists, Ltd., et al
Minn. Ct. App. 2019
And generally an award will not be disturbed “unless the failure to do so would be shocking or would result in plain injustice.” Dunn v. Nat’l Beverage Corp., (quotation 2 Appellants also argue that the district court “erred in the process it used to reach” the conclusion that they breached fiduciary duties because it did not sufficiently compare their case to two specific cases.
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In re the Marriage of: Catherine Elizabeth Welch v. William Warrick Welch, III
Minn. Ct. App. 2019
It is now settled as “a general principle of contract interpretation that a specific provision dealing with a particular subject will control over a different provision dealing only generally with that same subject.” Dunn v. Nat’l Beverage Corp ., (quotation omitted), aff’d
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Cindy Moshier v. Roger B. Jarvis
Minn. Ct. App. 2019
10 special verdict form, our review analyzes “whether the special verdict answers can be reconciled in any reasonable manner consistent with the evidence and its fair inferences.” Dunn v. Nat’l Beverage Corp., (quotations and citation omitted).
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Manufacturing Solutions of Minnesota, Inc., et al v. Abrasive Specialists, Inc.
Minn. Ct. App. 2018
“The general rule in Minnesota is that ‘attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.’” Dunn v. Nat’l Beverage Corp., (quoting Barr/Nelson, Inc. v. Tonto’s Inc. , ).
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Followed
State of Minnesota v. Gilberto Guzman-Diaz
Minn. Ct. App. 2018
See Dunn v. Nat’l Beverage Corp., (stating that appellate courts are not factfinders, and are not empowered to make or modify findings of fact).
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Western National Mutual Insurance Company v. Prospect Foundry
Minn. Ct. App. 2018
If the answers to special verdict questions can be reconciled on any theory, the verdict will not be disturbed.” Dunn v. Nat’l Beverage Corp. , (quotations and citation omitted).
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James Michael Olsen, Krisann Jeanne Olsen v. James Robert Greger
Minn. Ct. App. 2017
This is true even though this court might find the facts to be different if it had the factfinding function.” ); see also Dunn v. Nat ’l Beverage Corp., (“[A]ppellate courts may not ‘sit as factfinders,’ and are ‘not empowered to make or modify findings of fact.’” (citations omitted)); Butch Levy Plumbing & Heating, Inc. v. Sallblad, 267 Minn. 283, 293, (“It is not within the province of this court to make or amend fin
- St. Jude Medical, Inc. v. Carter 899 N.W.2d 869 Minn. Ct. App. 2017
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St. Jude Medical, Inc. v. Carter
899 N.W.2d 869
Minn. Ct. App. 2017
*878 “The general rule in Minnesota is that attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat’l Beverage Corp., (quotation omitted).
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Jeremiah Akinnola v. Southampton Apartments, et al
Minn. Ct. App. 2017
Dunn v. Nat’l Beverage Corp.
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William P. Brady, et al v. Christopher Michael Hilger, et al
Minn. Ct. App. 2017
v. Nat’l Beverage Corp., aff’d
- WAF-2, LLC v. Lowry Building, LLC and third party plaintiff, vs. John R. Rupp, third party defendant Minn. Ct. App. 2016
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WAF-2, LLC v. Lowry Building, LLC and third party plaintiff, vs. John R. Rupp, third party defendant
Minn. Ct. App. 2016
Generally, the appellate court will not set aside a damage award unless “failure to do so would be shocking or would result in plain injustice.” Dunn v. Nat’l Beverage Corp., (quotation omitted).
- Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
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Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank …
Minn. Ct. App. 2016
Minnesota has adopted the American rule “that attorney fees are not recoverable in litigation unless there is a specific contract permitting or a statute authorizing such recovery.” Dunn v. Nat’l Beverage Corp., (quotation omitted).
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Andrew Kaeding, et al v. Karl Auleciems, Susanne Auleciems
886 N.W.2d 658
Minn. Ct. App. 2016
Dunn v. Nat’l Beverage Corp.
- 650 North Main Association v. Frauenshuh, Inc. (Territorial Springs Riverview, LLC, Frauenshuh Sweeney, LLC), Kraus-Anderson Construction Company, Doe … 885 N.W.2d 478 Minn. Ct. App. 2016