Cited by
Opinions in Minnesota that cite Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312.
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Stephani Martinsen v. Wilbert Alphonso Bettie, A-1 Realty and Investment Trust LLC L.L.C, et al
Minn. Ct. App. 2026
See Bjorklund v. Bjorklund Trucking, Inc., (stating that district courts have considerable discretion to stay an eviction action), rev. denied (Minn. Sep.
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Molina Investment Group, LLC v. Well #4, LLC, John Doe, Mary Roe, individuals whose true names are unknown
Minn. Ct. App. 2025
See Bjorklund v. Bjorklund Trucking, Inc., At the second hearing in the eviction action, Molina noted that it would agree to a temporary restraining order (TRO) on a writ of recovery, pending resolution of the parallel civil action.
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SV AP III Riverdale Commons LLC, a Delaware limited liability company v. Coon Rapids Gyms, LLC, dba Xperience …
Minn. Ct. App. 2021
See, -66 (Minn. App. 2014); Bjorklund v. Bjorklund Trucking, Inc., -20 (Minn. App. 2008), rev. denied (Minn. Sept.
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Federal National Mortgage Association v. Valerie R. LeMaster, et al
Minn. Ct. App. 2017
See Bjorklund v. Bjorkl und Trucking, Inc. , –19 (Minn. App. 2008), review denied (Minn. Sept.
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Wells Fargo Bank, N.A. v. Scott H. Lansing, John Doe and Mary Roe
Minn. Ct. App. 2017
Bjorklund v. Bjorklund Trucking, Inc. , review denied (Minn. Sept.
- Nuvola, LLC v. Morgan Wright Minn. Ct. App. 2016
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Nuvola, LLC v. Morgan Wright
Minn. Ct. App. 2016
This court has held that when a parallel civil action is pending which involves counterclaims and defenses that are “necessary to a fair determination of the eviction action, it is an abuse of discretion not to grant a stay of the eviction proceedings.” Bjorklund v. Bjorklund Trucking, Inc., - 19 (Minn. App. 2008), review denied (Minn. Sept.
- U. S. Bank National Association as Legal Title Trustee for Truman 2012 SC Title Trust v. Thomas J. … Minn. Ct. App. 2016
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U. S. Bank National Association as Legal Title Trustee for Truman 2012 SC Title Trust v. Thomas J. …
Minn. Ct. App. 2016
However, we have also held that when “counterclaims and defenses are necessary to a fair determination of the eviction action, it is an abuse of discretion not to grant a stay of the eviction proceedings when an alternate civil action that involves those counterclaims and defenses is pending.” - 19 (Minn. App. 2008), review denied (Minn. Sept.
- S3 Holdings, LLC v. Stephen R. Niosi, et al., John Doe, et al Minn. Ct. App. 2015
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S3 Holdings, LLC v. Stephen R. Niosi, et al., John Doe, et al
Minn. Ct. App. 2015
Relying on Bjorklund v. Bjorklund Trucking, Inc., -19 (Minn. App. 2008), review denied (Minn. Sept.
- Bank of America, National Association v. James B. Schelling, et al Minn. Ct. App. 2015
- U. S. Bank National Association v. Blanca J. Sacta, et al., John Doe, et al Minn. Ct. App. 2015
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U. S. Bank National Association v. Blanca J. Sacta, et al., John Doe, et al
Minn. Ct. App. 2015
Citing Bjorklund v. Bjorklund Trucking, Inc., -20 (Minn. App. 2008), review denied (Minn. Sept.
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Bank of America, National Association v. James B. Schelling, et al
Minn. Ct. App. 2015
The Schellings contend that the “case-specific justification” for staying the eviction proceeding is that the registration action is necessary for BOA to obtain title to the property and therefore “necessary to a fair determination of the eviction action.” See Bjorklund v. Bjorklund Trucking, Inc., -19 (Minn. App. 2008) (holding abuse of discretion to deny stay in favor of “necessary” related action), review denied (Minn. Sept.
- Federal National Mortgage Association v. Gretchen R. L. Harvey, et al., Gerald Von Grewe, et al Minn. Ct. App. 2015
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Federal National Mortgage Association v. Gretchen R. L. Harvey, et al., Gerald Von Grewe, et al
Minn. Ct. App. 2015
Citing Bjorklund v. Bjorklund Trucking, Inc., -20 (Minn. App. 2008), review denied (Minn. Sept.
- The Bank of New York Mellon fka the Bank of New York v. Simon C. Reff, et al Minn. Ct. App. 2015
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The Bank of New York Mellon fka the Bank of New York v. Simon C. Reff, et al
Minn. Ct. App. 2015
Appellants argue that the district court abused its discretion by refusing to grant them an unconditional stay of the eviction proceeding, citing Bjorklund v. Bjorklund Trucking, Inc., -20 (Minn. App. 2008), review denied (Minn. Sept.
- Federal Home Loan Mortgage Corporation v. Paul V. Pope, Gretchen A. Pope, et al Minn. Ct. App. 2015
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Federal Home Loan Mortgage Corporation v. Gary E. Mitchell, et al., John Doe, et al
862 N.W.2d 67
Minn. Ct. App. 2015
A district court’s discretion to grant a stay in an eviction action pending resolution of a related parallel civil action is only guided by Bjorklund v. Bjorklund Trucking, Inc., review denied (Minn. Sept.
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Federal Home Loan Mortgage Corporation v. Paul V. Pope, Gretchen A. Pope, et al
Minn. Ct. App. 2015
Moreover, Pope’s challenge is based on the incorrect premise that he is entitled to an unconditional stay of the eviction proceedings based on Bjorklund v. Bjorklund Trucking, Inc., review denied (Minn. Sept.
- Nationstar Mortgage, LLC v. Julie Quale, et al., John Doe, et al Minn. Ct. App. 2015
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Nationstar Mortgage, LLC v. Julie Quale, et al., John Doe, et al
Minn. Ct. App. 2015
Because of the related 7 state proceeding, appellants argue a stay is necessary under Bjorklund v. Bjorklund Trucking, Inc., review denied (Minn. Sept.
- Federal Home Loan Mortgage Corporation v. Patricia G. Mikelson Minn. Ct. App. 2015
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Federal Home Loan Mortgage Corporation v. Patricia G. Mikelson
Minn. Ct. App. 2015
-93 (Minn. App. 2011) (rejecting the argument that “because [the eviction defendants] filed a related action prior to the eviction proceeding, the district court was required to stay the eviction proceeding”); Bjorklund v. Bjorklund Trucking, Inc., -19 (Minn. App. 2008) (ruling that the district court abused its discretion by denying a stay of an eviction proceeding when “the counterclaims and defenses .
- The Bank of New York Mellon formerly known as the Bank of New York, as Trustee v. Anthony … Minn. Ct. App. 2014
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The Bank of New York Mellon formerly known as the Bank of New York, as Trustee v. Anthony …
Minn. Ct. App. 2014
Bjorklund v. Bjorklund Trucking, Inc., review denied (Minn. Sept.
- Great Southern Bank v. Gustavo Aguilar Guzman, et al Minn. Ct. App. 2014
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Great Southern Bank v. Gustavo Aguilar Guzman, et al
Minn. Ct. App. 2014
“Generally, whether to stay a proceeding is discretionary with the district court, [and] its decision on the issue will not be altered on appeal absent an abuse of that discretion.” Bjorklund v. Bjorklund Trucking, Inc., (alteration in original) (quotation omitted), review denied (Minn. Sept.
- Deutsche Bank National Trust Co. v. Hanson 841 N.W.2d 161 Minn. Ct. App. 2014
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Deutsche Bank National Trust Co. v. Hanson
841 N.W.2d 161
Minn. Ct. App. 2014
Bjorklund v. Bjorklund Trucking, Inc., review denied (Minn. Sept.
- Federal Home Loan Mortgage Corp. v. Nedashkoyskiy 801 N.W.2d 190 Minn. Ct. App. 2011
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Federal Home Loan Mortgage Corp. v. Nedashkoyskiy
801 N.W.2d 190
Minn. Ct. App. 2011
Appellants rely on Bjorklund v. Bjork-lund Trucking, Inc., review denied (Minn. Sept.
- Blohm v. Kelly 765 N.W.2d 147 Minn. Ct. App. 2009
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Blohm v. Kelly
765 N.W.2d 147
Minn. Ct. App. 2009
Co., 265 Minn. 222, 232 , Bjorklund v. Bjorklund Trucking, Inc., review denied (Minn. Sept.