Cited by
Opinions in Minnesota that cite Fontaine v. Steen, 759 N.W.2d 672.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2026
(stating that “issues not raised or argued in appellant’s brief cannot be raised in a reply brief”).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2025
(stating that “issues not raised or argued in appellant’s brief cannot be raised in a reply brief”); (declining to reach an issue raised for the first time on appeal of a motion to suppress and recognizing that “this court’s revie
-
State of Minnesota, Respondent,
Minn. Ct. App. 2025
“It is not within the province of [appellate courts] to determine issues of fact on appeal.” (same) (quoting Kucera, d at 183).
-
Serene E. Warren, as beneficiary of the 2011 Arizona NG Trust 102, 8008 Meadow Trust 102, 2011 Lafayette …
Minn. Ct. App. 2025
These alleged errors arose in the context of the district court’s analysis of whether Rubin breached his duty of loyalty, which 6 “It is not within the province of appellate courts to determine issues of fact on appeal.” (quotation omitted).
-
OCH Bookstore, LLC, Respondent,
Minn. Ct. App. 2025
d 672, 679 (Minn. App. 2009) (considering an award of legal fees and stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal”) ().
-
Allan N. Anderson, Jr., et al., Respondents,
Minn. Ct. App. 2025
d 672,679 (Minn. App. 2009) (“It is not within the province of [appellate courts] to determine issues of fact on appeal”) (quoting Kucera d at 183).
-
Absolute Sports Cards, LLC, Respondent,
Minn. Ct. App. 2024
“The district court has broad discretion in determining damages, and we do not reverse absent an abuse of discretion.”
- Megan Guetzkow v. Brian John Irgens Minn. Ct. App. 2023
-
Megan Guetzkow v. Brian John Irgens
Minn. Ct. App. 2023
(“It is not within the province of appellate courts to determine issues of fact on appeal.” (quotation omitted)).
-
Marlene Fearing, Appellant,
Minn. Ct. App. 2023
“It is not within the province of [appellate courts] to determine issues of fact on appeal.” d 672, 679 (Minn. App. 2009).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2022
(“A claim that is based on mere assertion and not supported by any argument or authorities is waived unless prejudicial error is obvious on mere inspection.”).
-
Kyle William Brenizer, Appellant,
Minn. Ct. App. 2022
A. Application of Minn. Stat. § 544.42 Appellant’s argument that no expert testimony would be needed for a jury to address a d 672, 677 (Minn. App. 2009) (addressing whether a party’s claims “require[d] expert testimony to establish a prima facie case of malpractice”).
-
In the Matter of the Surveillance and Integrity Review (SIRS) Appeal by Nobility Home Health Care, Inc.
Minn. Ct. App. 2022
(“[T]his court does not consider matters .
-
Jay A. Soeffker, Appellant,
Minn. Ct. App. 2021
There is an exception to these requireme nts that applies when “the conduct complained of can be evaluated adequately by a jury in the absence of expert testimony.” (quoting Hill v. Okay Contr.
-
City of Hutchinson, Respondent,
Minn. Ct. App. 2021
While he asks us to “review the totality of his case,” appellate courts do not determine issues of fact on appeal, and “the burden of showing error rests upon the one who relies upon it,” Loth v. Loth , (quotation omitted).
-
In re the Marriage of:
Minn. Ct. App. 2021
“It is not w ithin the province of appe llate courts to determine issues of fact on appeal.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2020
(“Appellate courts have no more business finding facts af ter a court trial than after a jury trial.”); see also Fontaine v. Steen , (“It is not within the province of appellate courts to determine issues of fact on appeal.” (quotation omitted)).
-
In re the Marriage of: Jonathon Henry Ortner, petitioner, Appellant,
Minn. Ct. App. 2020
band’s 12 (Minn. App. 2007) (noting that this court will not consider issues raised for the first time on appeal that were not raised in the district court and w ill not consider arguments not addressed in briefing); (“[T]his court does not consider matters not argued to and considered by the district court or issues not raised or argued in an appellant’s principal brief .
-
Jacqueline E. Heintz individually and as Personal Representative of the Estate of Ada L. Colvin, Respondent,
Minn. Ct. App. 2019
Assocs., (“[A]n undecided question is not usually amenable to appellate review.”); (“It is not within the province of appellate courts to determine issues of fact on appeal.” (internal quotation omitted)).
-
Pohocogo, LLC, Appellant,
Minn. Ct. App. 2019
(stating that it is improper for an appellate court to reweigh the evidence or reassess witness credibility); (stating that an appellate court does not determine issues of fact on appeal); Novack v. Nw.
-
Daniel Call, Respondent,
Minn. Ct. App. 2019
Fontaine v. Steen , d 672, 679 (Minn. App. 2009).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
’” Fontaine v. Steen , (quoting Kucera v. Kucera , ) (alteration in original).
-
Michael Neil Labrasca, petitioner, Appellant,
Minn. Ct. App. 2019
2 See Fontaine v. Steen , (stating that it is not within the province of appellate courts to determine issues of fact on appeal).
- In re the Custody of J. M. H. and A. M. H. Roland John Hillstrom, petitioner, Respondent, Minn. Ct. App. 2018
-
In re the Marriage of: Sonja Vogen Baertsch, petitioner, Respondent,
Minn. Ct. App. 2018
.”) ; Fontaine v. Steen , d 672, 679 (Minn. App. 2009) (stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal” (quoting Kucera v. Kucera, 275 Minn. 252, 254, )).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
Because we do not consider arguments raised after the appellant’s opening brief, see Fontaine v. Steen , , we do not address the later variation.
-
Nathan Tow-Arnett, Appellant,
Minn. Ct. App. 2017
Such arguments are unavailing because “[i]t is not within the province of appellate courts to determine issues of fact on appeal.” d 672, 679 (Minn. App. 2009) (quotation omitted).
- State of Minnesota v. Anthony Ra Hare Minn. Ct. App. 2017
- State of Minnesota v. Anthony Ra Hare Minn. Ct. App. 2017
- Larry Grimlie, Linda Grimlie v. AgStar Financial Services, FLCA Minn. Ct. App. 2016
- Larry Grimlie, Linda Grimlie v. AgStar Financial Services, FLCA Minn. Ct. App. 2016
- Mary A. Zirbes v. Meshbesher and Spence, Ltd. Minn. Ct. App. 2016
- Mary A. Zirbes v. Meshbesher and Spence, Ltd. Minn. Ct. App. 2016
- Joel Wells v. Rick E. Mattox Minn. Ct. App. 2016
- Joel Wells v. Rick E. Mattox Minn. Ct. App. 2016
- Valley Paving, Inc. v. Stanley Consultants, Inc. Minn. Ct. App. 2016
- Valley Paving, Inc. v. Stanley Consultants, Inc. Minn. Ct. App. 2016
- Guzick v. Kimball 869 N.W.2d 42 Minn. 2015
-
Guzick v. Kimball
869 N.W.2d 42
Minn. 2015
The case cited by the court of appeals for that proposition, relied on Sorenson v. St.
- State of Minnesota v. Randall Ferrell Decker Minn. Ct. App. 2015
-
State of Minnesota v. Randall Ferrell Decker
Minn. Ct. App. 2015
(stating that “[i]t is not within the province of appellate courts to determine issues of fact on appeal” (quotation omitted)).
- Margaret Burrell Hall, successor in interest to Robert L. Hall, decedent v. Barbara Jeanne Hall f/k/a Barbara Jeanne … Minn. Ct. App. 2015
-
Margaret Burrell Hall, successor in interest to Robert L. Hall, decedent v. Barbara Jeanne Hall f/k/a Barbara Jeanne …
Minn. Ct. App. 2015
See Kucera v. Kucera, 275 Minn. 252, 254, Wright Elec., review denied (Minn. Dec.
- Katie Kaloustian v. Dakota Fence Co., Landscape Structures, Inc., Independent School District No. 152 of Clay County, and … Minn. Ct. App. 2015
-
Katie Kaloustian v. Dakota Fence Co., Landscape Structures, Inc., Independent School District No. 152 of Clay County, and …
Minn. Ct. App. 2015
“We neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder.” 9 (“It is not within the province of appellate courts to determine issues of fact on appeal.”).
- Timothy Guzick, as Personal Representative of the Estate of George J. Nyberg and as Trustee of the George … Minn. Ct. App. 2014
-
Timothy Guzick, as Personal Representative of the Estate of George J. Nyberg and as Trustee of the George …
Minn. Ct. App. 2014
Motor Freight v. O’Connor & Hannan, Schmitz, d at 741; -79 (Minn. App. 2009); see also Brown-Wilbert, Inc. v. Copeland Buhl & Co., & n.4 (Minn. 2007).
- State of Minnesota v. Eulogio Hernandez-Espinoza Minn. Ct. App. 2014
- State of Minnesota v. Eulogio Hernandez-Espinoza Minn. Ct. App. 2014
- Kevin Charles O'Brien v. Commissioner of Public Safety Minn. Ct. App. 2014