Cited by
Opinions in Minnesota that cite Pechovnik v. Pechovnik, 765 N.W.2d 94.
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In the Matter of: Ester Berestov, on behalf of minor children v. Betsalel Berestov
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).
- A23-0219 Lisa Ann Poseley v. Andrew Scott Duff, and Lisa Ann Poseley on Behalf of Minor Children, vs. … Minn. Ct. App. 2023
- A23-0219 Lisa Ann Poseley v. Andrew Scott Duff, and Lisa Ann Poseley on Behalf of Minor Children, vs. … Minn. Ct. App. 2023
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In re the Marriage of: Natasha Siefker Cook v. Tobin Jack Cook
Minn. Ct. App. 2023
14, 2023); cf. Pechovnik v. Pechovnik , (deferring to the district court’s implicit credibility determination).
- Todd Brian Kerber v. Anna Renee McKinnon Minn. Ct. App. 2023
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Charles Matthew Waters v. Anita Marie Waters
Minn. Ct. App. 2023
Rather, appellate courts “review the record in the light most favorable to the district court’ s findings” and “reverse those findings only if we are left with the definite and firm conviction that a mistake has been made.” (quotations omitted).
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Melanie Jane Anderson and obo minor children v. Nicholas Anton Banyai
Minn. Ct. App. 2023
29, 2004) ; - 100 (Minn. App. 2009) (considering implicit credibility findings on appeal from a district court’s grant of an order for protection) .
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In re the Matter of: John Shannon Marino v. Casey Noelle Bahl
Minn. Ct. App. 2023
And, in its order denying amended findings, the district court acknowledged that credibility was at the center of its finding that domestic abuse had not occurred and declined to revisit that finding after it “thoroughly reviewed the record in the matter in light of [Bahl]’s motion.” We defer to the district court’s implicit credibility determinations, and, thus, the district court’s finding that domestic abuse had not been shown is not clearly erroneous.
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In the Matter of the Welfare of the Child of: A. R. G. and D. A. S., Parents
Minn. Ct. App. 2023
(noting that appellate courts defer to the district court’s explicit and implicit credibility determinations).
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Jamie Marie Cambronne, and On Behalf of Minor Children v. Jake Chapp
Minn. Ct. App. 2023
(determining that the district court made implicit credibility findings in the context of an order for protection); Dunham, d at 567 (concluding the HRO statute requires objectively unreasonable conduct).
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In the Matter of: Jessica Marie Blom v. Robert Lyle Blom
Minn. Ct. App. 2023
the case “on the merits.” 5 Here, the district court did not err in determining that Robert’s acts constituted “domestic abuse.” “[I]n our review of an OFP, we review 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.” (quotation omitted).
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TestResources, Inc. v. Metal Tech Industries, Inc.
Minn. Ct. App. 2023
(noting that district court’s findings “implicitly indicate[d]” that it found certain evidence credible).
- 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
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In re the Marriage of: Amy Joy Kemp v. Michael Edward Kemp
Minn. Ct. App. 2023
16, 2013); (holding that “district court’s findings implicitly indicate[d] that [it] found .
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In the Matter of: Sharon Rene Sagan Lewis v. Craig Robert Lewis
Minn. Ct. App. 2023
“A district court abuses its discretion if its [factual] findings are unsupported by the record or if it misapplies the law.” (quotation 1 Sister did not file a brief, but we consider the appeal on its merits pursuant to Minn. R. Civ.
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Matthew James Beland (A22-1468) v. Kurtis Rylander, Kurtis Rylander, vs. Matthew Beland (A22-1469)
Minn. Ct. App. 2023
(“Conflicts in the evidence, even though the presentation is upon affidavits, are to be resolved by the trial court.”); (noting that “[t]he district court’s findings implicitly indicate that the district court found respondent’s testimony credible” and stating that “[w]e defer to this credibility determination”).
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In the Matter of: Joseph Daryll Rued on behalf of minor child v. Catrina Marie Rued, et al
Minn. Ct. App. 2023
“A district court abuses its discretion by making findings of fact that are unsupported by the evidence, 9 misapplying the law, or delivering a decision that is against logic and the facts on record.” (quotation omitted); (“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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Arctos Wealth Management and Fiduciary LLC, o/b/o Irvin John Cooper, Sr. v. Kathy Jeno, aka Kathy Brown, aka …
Minn. Ct. App. 2023
“A district court abuses its discretion if its findings are unsupported by the record or if it misapplies the law.” (quoting Braend ex rel.
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In re the Marriage of: Russell Vander Wiel v. Sharna Ann Wahlgren
Minn. Ct. App. 2023
(explaining that appellate courts neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder).
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State of Minnesota v. John Wesley Buchanan, IV
Minn. Ct. App. 2023
See Pechovnik v. Pechovnik, 7 (deferring to a district court’s implicit credibility determinations and factual findings); WL 3097721, at *2 (Minn. App. June 25, 2018) (explaining that the district court “implicitly rejected Hockenson’s proffered reasons” for wanting to possess a firea
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In re the Matter of: Sean Patrick Dempsey v. Martalisbet Horrocks Loman
Minn. Ct. App. 2022
(indicating that findings of fact can be implicit); Vettleson v. Special Sch.
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In the Matter of Stacy Joy Fehr On Behalf of Minor Children v. Corbin James Fehr
Minn. Ct. App. 2022
(“The district court’s findings implicitly indicate that the district court found respondent’s testimony credible.
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In re the Guardianship and Conservatorship of Carolyn Neu
Minn. Ct. App. 2022
( noting that the district court ’s credibility findings can be implicit) .
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In the Matter of: Joanne Nicola Kinney v. Patrick William Kinney
Minn. Ct. App. 2022
(applying the abuse-of-discretion standard in the context of OFP decisions).
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In re the Marriage of: Sneha Singh v. Ashok Kumar Goyal
Minn. Ct. App. 2022
(noting that district court’s findings “implicitly indicate[d]” that it found certain evidence credible).
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In the Matter of: Kathryn Marie Larson, on behalf of Minor Child v. Keith Norman Marohn
Minn. Ct. App. 2022
We review the record in the light most favorable to the district court’s findings and reverse those findings only if “left with the definite and firm conviction that a mistake has been made.” (quotation omitted).
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In the Matter of Brita Johanna Springstead, on behalf of minor child v. Roberto Menchaca Garcia
Minn. Ct. App. 2022
I. Challenge to the Findings of Fact We review the factual findings in support of an OFP for clear error, reviewing the record in the light most favorable to the findings, and we “will reverse those findings only if we are left with the definite and firm conviction that a mistake has been made.” (quotations omitted).
- In the Matter of: Mara Jareth Butler, and on behalf of minors v. Andrew John Jakes Minn. Ct. App. 2022
- In re the Matter of: Heather McKaila Dehmer v. Matthew Paul Phelps Minn. Ct. App. 2022
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In re the Matter of: Katie Lynne Spooner, on behalf of the minor children v. Jesse Dean Warden
Minn. Ct. App. 2022
“A district court abuses its discretion if its [factual] findings are unsupported by the record or if it misapplies the law.” Pechovnik v. Pechovnik , (quotation omitted)
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In re the Marriage of: Donald Wayne Leeke v. Susan Lynn Webb Leeke, n/k/a Susan Lynn Leeke
Minn. Ct. App. 2022
See Pechovnik v. Pechovnik , (“The district court’s findings implicitly indicate that the district court found respondent’s testimony credible.
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In re the Marriage of: Kelly John Brown v. Shawn Marie Brown
Minn. Ct. App. 2022
Pechovnik v. Pechovnik , (indicating that fact findings may be implicit).
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Rebecca Sue Nash v. James Allen Piens
Minn. Ct. App. 2022
(on conflicting testimony, observing that the district court’s OFP findings “implicitly indicat[ed]” that it found certain evidence credible).
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Elizabeth Annette Robyn Wolter, OBO A. R. W v. Nicholas John Wolter
Minn. Ct. App. 2022
See Pechovnik v. Pechovnik , (considering implicit credibility findings on appeal from district court’s grant of an order for protection).
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In the Matter of the Welfare of the Children of: T. L. S. and J. J. C., Parents
Minn. Ct. App. 2022
5 (Minn. App. 2009) (noting that district court’s findings “implicitly indicate[d]” that it found certain evidence credible); Knapp v. Knapp , (stating that “[appellate courts] defer to the district court’s credibility determinations as to conflicting affidavits”).
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In re the Marriage of: Jessica Elizabeth Solinsky, n/k/a Jessica Elizabeth Grimm v. Joseph Clark Solinsky
Minn. Ct. App. 2022
(credibility determinations); (implicit credibility determinations).
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In re the Matter of: Kimberly Rose Wangsness and on Behalf of Minor Children v. Brian Penkert
Minn. Ct. App. 2022
An “overt physical act” is not required and intention to do present or imminent harm may “be inferred from the totality of the circumstances, including a history of past abusive behavior.” Pechovnik v. Pechovnik
- Aspen Builders and Remodelers, Inc. v. Shauna Raisch, et al Minn. Ct. App. 2022
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In the Matter of: Xiaoyan Sun v. Qiang Yang, and In the Matter of: Qiang Yang, and OBO …
Minn. Ct. App. 2021
(quotations and citations omitted); see In re Civil Commitment of Kenney , -23 (Minn. 2021) (addressing clear-error standard of review).
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In the Matter of the Welfare of the Children of: A. O. K. and C. L. K., Parents
Minn. Ct. App. 2021
“A district court abuses its discretion if its findings are unsupported by the reco rd or if it misappli es the law.” (quotation omitted).
- In the Matter of: Heather Lorraine Drinkwater, and obo minor child, Michael Guy Drinkwater Minn. Ct. App. 2021
- In the Matter of: Katrina Lynn Deantoni v. Donnetto Antonio Deantoni Minn. Ct. App. 2021
- In the Matter of: Cody Scott Johnson, obo Minor v. Juana Chavez-Martinez Minn. Ct. App. 2021
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In re the Marriage of: Tammy Sundbom Otterson v. Troy Otterson, and County of St. Louis, Intervenor
Minn. Ct. App. 2021
See, e.g. , Pechovnik v. Pechovnik , (noting that “[t]he district court’s findings implicitly indicate[d]” that it found certain evidence credible).
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In re the Matter of: Gerardine Wiggins v. Roger Wiggins
Minn. Ct. App. 2021
This definition does not require an “overt physi cal act” and may “be inferred from the totality of the circumstances, including a history of past abusive behavior.”
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Sarah Anne Trisko, and o/b/o Minor Children v. Karen Mary Hartung
Minn. Ct. App. 2021
d 94, 99 (Minn. App. 2009) (considering implicit credibility findings on appeal from the district court’s grant of an order for protection).