Cited by
Opinions in Minnesota that cite Pechovnik v. Pechovnik, 765 N.W.2d 94.
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In the Matter of: Sarah Rose Vasquez on behalf of Minor Child v. Destiny Marie Rodriguez
Minn. Ct. App. 2026
In doing so, we view the record in the light most favorable to the district court’ s findings, and do not reconcile conflicting evidence or weigh witness credibility
- In the Matter of: Kayla Lynn Rhodes & OBO Minor Child v. Chase Gordy Lee Olmsted Minn. Ct. App. 2026
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In the Matter of: Jill Marie Duchscherer On Behalf of Minor Child(ren) v. Jonathan Alexander Doringcott
Minn. Ct. App. 2026
We view the record “in the light most favorable to the district court’ s findings, and we will reverse those findings only if we are left with the definite and firm conviction that a mistake has been made.” Pechovnik v. Pechovnik , (quotation omitted).
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In re the Marriage of: Julie Karen Johnson v. Thomas Francis Johnson, Jr.
Minn. Ct. App. 2026
(concluding that one spouse’s testimony that the proceeds of her premarital home were placed into an account by the other spouse’s investment advisor was credible and therefore sufficient to prove her nonmarital claim
- In the Matter of: Jamie Leigh Nendza v. Jason Nendza Minn. Ct. App. 2026
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In re the Marriage of: Angie Lynn Magnuson Swierzewski v. David Matthew Swierzewski
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: Esteisy Alejandra Mattin and on behalf of Minor Child v. Corey Deangelo Mattin
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) v. Renae Marie Gielen
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 v. Commissioner of Public Safety Minn. Ct. App. 2026
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Michael Fosness, et al v. Jennifer Chmielewski
Minn. Ct. App. 2026
20 Pechovnik, (noting a district court’s findings of fact can be implicit).
- Snowman Construction v. Ceresota Funding II LLC, et al., Minnwest Bank Minn. Ct. App. 2026
- In the Matter of: Bijal Mukesh Mehta v. Abheer Nabdakumar Jayakar Minn. Ct. App. 2026
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In the Matter of: Lansa Bakala Dawano v. Gameda Tufa
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 v. Paul Joseph Kroes
Minn. Ct. App. 2025
“An overt physical act is not necessary to support the issuance of an OFP.”
- In the Matter of: Lydia Christine Holm-Kolodiazhna and on behalf of Minor Child v. James Edwin Gordy Jr. Minn. Ct. App. 2025
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In the Matter of: Marineisy Jimenez Rosario v. Robert Eliazar Villanueva
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) v. Stephen Eric Baldwin
Minn. Ct. App. 2025
“An overt physical act is not necessary to support the issuance of an OFP.”
- Jamie Marie Kreiner v. Misty Lynn Mahto Monson 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: Brooke Lea Simpson v. Miguel Alvarez Soto, Sr.
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 v. Fredi Amilcar Sun Chajon
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 v. Joceleyne Maldanado
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: Natalie Storm Pettit AND obo Minor Children v. Jeremy Pettit
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 v. Jonathan James O dle Minn. Ct. App. 2024
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In re the Marriage of: Lauren Elizabeth Schrock v. Richard Albert Kuhn
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: Rebecca Ann Pera Cole on behalf of Minor Child v. Zachary Cole
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: Tracie Kay Fowler v. Erwin James Fowler, III
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), In the Matter of: Daniel Frederick … Minn. Ct. App. 2024
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In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze (A23-1837), In the Matter of: Daniel Frederick …
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).
- Nicole Lynn Albertson and On Behalf of Minor Children v. Bruce Wayne Albertson (A23-1421), Nicole Lynn Albertson and … 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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Nicole Lynn Albertson and On Behalf of Minor Children v. Bruce Wayne Albertson (A23-1421), Nicole Lynn Albertson and …
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 Minn. Ct. App. 2024