Cited by
Opinions in Minnesota that cite Pechovnik v. Pechovnik, 765 N.W.2d 94.
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In re the Marriage of:
Minn. Ct. App. 2026
(explaining that appellate courts neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the fact-finder).
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In the Matter of:
Minn. Ct. App. 2026
We must view the record in the light most favorable to the district court’s findings, and we will not reconcile conflicting evidence or weigh witness credibility
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Calder Perth Rasmusson and On Behalf of Minor Child(ren), Respondent,
Minn. Ct. App. 2026
This court defers to the district court’s credibility determinations and does not “reconcile conflicting evidence.” (quotation omitted); Kush, d at 843-44.
- Debra Ann Edwards, petitioner, Appellant, Minn. Ct. App. 2026
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Michael Fosness, et al., Respondents,
Minn. Ct. App. 2026
20 Pechovnik, (noting a district court’s findings of fact can be implicit).
- Snowman Construction, Appellant, Minn. Ct. App. 2026
- In the Matter of: Minn. Ct. App. 2026
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In the Matter of: Lansa Bakala Dawano, petitioner, Appellant,
Minn. Ct. App. 2025
“A district court abuses its discretion if its findings are unsupported by the record or if it misapplies the law.” (quotation omitted).
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In the Matter of: Chelsea Boyd Kroes, petitioner, Respondent,
Minn. Ct. App. 2025
“An overt physical act is not necessary to support the issuance of an OFP.”
- In the Matter of: Minn. Ct. App. 2025
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In the Matter of:
Minn. Ct. App. 2025
To determine whether sufficient evidence supports the district court’s decision to grant an OFP, we “review the record in the light most favorable to the district court’s findings” and we reverse “only if we are left with the definite and firm conviction that a mistake has been made.” (quotation omitted).
- In the Matter of: Anthony Michael Webster, II On Behalf of Minor Child(ren) v. Sefaint Atkins, ... Minn. Ct. App. 2025
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In the Matter of: Anthony Michael Webster, II On Behalf of Minor Child(ren) v. Sefaint Atkins, ...
Minn. Ct. App. 2025
See, (affirming the district court’s implicit credibility determination).
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In the Matter of Betsy Meredith Baldwin and On Behalf of Minor Child(ren), petitioner, Appellant,
Minn. Ct. App. 2025
“An overt physical act is not necessary to support the issuance of an OFP.”
- Jamie Marie Kreiner, Respondent, Minn. Ct. App. 2025
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In re the Guardianship of Devin Ziegler.
Minn. Ct. App. 2025
(noting that district court’s findings “implicitly indicate[d]” it found certain evidence credible); (stating that “[w]e may treat statutory factors as addressed when they are implicit in the findings”).
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In the Matter of the Welfare of the Children of: C. R. E. and H. R. E., Parents.
Minn. Ct. App. 2025
(deferring to the district court’s implicit credibility determination).
- In the Matter of the Civil Commitment of: Dena Joy Alexander Minn. Ct. App. 2025
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In the Matter of the Civil Commitment of: Dena Joy Alexander
Minn. Ct. App. 2025
By basing its decision in part on the examiners’ reports, the district court “implicitly indicate[d]” that it found the reports credible.”
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In the Matter of:
Minn. Ct. App. 2025
As to Simpson’s assertion that the district court erred in its credibility determinations, we do not “decide issues of witness credibility” because such issues “are exclusively the province of the factfinder.” Pechovnik v. Pechovnik , (quotation omitted); see also Minn. R. Civ.
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
(stating that a district court’s factual findings may “implicitly indicate” that it found testimony credible).
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Brooke Lea Simpson and OBO Minor Child, Appellant,
Minn. Ct. App. 2024
We do not “decide issues of witness credibility” because such issues “are exclusively the province of the factfinder.” Pechovnik v. Pechovnik , (quotation omitted) ; see Minn. R. Civ.
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In the Matter of Marko Kamel, BDS, License No. D12206.
Minn. Ct. App. 2024
See Pechovnik v. Pechovnik , (noting that district court’s findings “implicitly indicate[d]” it found certain evidence credible).
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In the Matter of:
Minn. Ct. App. 2024
We consider “the record in the light most favorable to the district court’s findings,” and will not disturb those findings absent a “definite and firm conviction that a mistake has been made.” (quotations omitted).
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In the Matter of the Welfare of the Child of: A. N. W. and Z. C. W., Parents.
Minn. Ct. App. 2024
(noting that appellate courts defer to the district court’s explicit and implicit credibility determinations).
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In re the Custody of: O. J. M.-P.
Minn. Ct. App. 2024
(noting that district court’s findings “implicitly indicate[d]” it found certain evidence credible); d 698, 703 (Minn. App. 2001) (stating that “[w]e may treat statutory factors as addressed when they are implicit in the findings”).
- In the Matter of: Tracie Nicole O dle and OBO Minor Children, petitioner, Respondent, vs. Jonathan James O … Minn. Ct. App. 2024
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In re the Marriage of:
Minn. Ct. App. 2024
(evaluating district court’s implicit findings under same standard as explicit findings); Madden, d at 696 (“[W]e apply a clear-error standard of review to .
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In the Matter of:
Minn. Ct. App. 2024
“Present intent to inflict fear of imminent physical harm, bodily injury, or assault can be inferred from the totality of the circumstances, including a history of past abusive behavior.”
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In re the Marriage of:
Minn. Ct. App. 2024
(stating that it is not the appellate court’s function to reweigh evidence, find facts, or assess credibility); (deferring to a district court’s implicit credibility determination).
- In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze, (A23-1837), ... Minn. Ct. App. 2024
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In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze, (A23-1837), ...
Minn. Ct. App. 2024
(recognizing the district court’s implicit finding that the petitioner was credible).
- In re the Marriage of: Tonya M. Keim v. Jeremy R. Keim, County of Fillmore, ... Minn. Ct. App. 2024
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In re the Marriage of: Tonya M. Keim v. Jeremy R. Keim, County of Fillmore, ...
Minn. Ct. App. 2024
(deferring to district court’s “implicit[]” credibility determination).
- In re the Marriage of: Daniela Tate v. Daniel Lee Tate Minn. Ct. App. 2024
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In re the Marriage of: Daniela Tate v. Daniel Lee Tate
Minn. Ct. App. 2024
(reviewing district court’s implicit findings of fact).
- A23-1422 Nicole Lynn Albertson and On Behalf of Minor Children v. Bruce Wayne Albertson, ... Minn. Ct. App. 2024
- Fiorella Y Andrade Carpio and OBO Minor Child v. Brooke Lea Simpson Minn. Ct. App. 2024
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Fiorella Y Andrade Carpio and OBO Minor Child v. Brooke Lea Simpson
Minn. Ct. App. 2024
(providing that an appellate court may infer credibility findings when they are not explicit and defer to those findings).
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A23-1422 Nicole Lynn Albertson and On Behalf of Minor Children v. Bruce Wayne Albertson, ...
Minn. Ct. App. 2024
(considering implicit credibility findings on appeal from district court’s grant of an order for protection).
- Leslie E. Sheehy Lee v. Travis W. Kalis, County of Le Sueur Minn. Ct. App. 2024
- Leslie E. Sheehy Lee v. Travis W. Kalis, County of Le Sueur Minn. Ct. App. 2024
- In the Matter of: Monica Medina Robinson v. Fannie Krienke Minn. Ct. App. 2024
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In the Matter of: Monica Medina Robinson v. Fannie Krienke
Minn. Ct. App. 2024
“A district court abuses its discretion if its [factual] findings are unsupported by the record or if it misapplies the law.” (quotation omitted).
- In the Matter of: Ester Berestov, on behalf of minor children v. Betsalel Berestov, Appellant.... Minn. Ct. App. 2024
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In the Matter of: Ester Berestov, on behalf of minor children v. Betsalel Berestov, Appellant....
Minn. Ct. App. 2024
An OFP issued under the second definition of domestic abuse—infliction of fear of imminent physical harm, bodily 10 injury, or assault—“is justified if a person manifests a present intention to inflict fear of imminent physical harm, bodily injury, or assault on the person’s spouse.”
- In the Matter of: Kaycee Houde v. David Fryxell Minn. Ct. App. 2024
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In the Matter of: Kaycee Houde v. David Fryxell
Minn. Ct. App. 2024
This court will “neither reconcile conflicting evidence nor decide issues of witness 10 credibility, which are exclusively the province of the factfinder.” (quotation omitted).
- Lindsay Allyn Yates Plumer v. Joseph Mark Plumer, Jr. Minn. Ct. App. 2024
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Lindsay Allyn Yates Plumer v. Joseph Mark Plumer, Jr.
Minn. Ct. App. 2024
(observing that, in issuing an OFP, the district court implicitly found one party to be more credible than another).