Cited by
Opinions in Minnesota that cite Pechovnik v. Pechovnik, 765 N.W.2d 94.
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Mitchell Wilfred Suess, Respondent,
Minn. Ct. App. 2021
(considering, on appeal from the distric t court’s grant of an order for protection, implicit credibility findings).
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In re the Matter of: Jennifer Lynn Gaughan, petitioner, Respondent,
Minn. Ct. App. 2021
We view the re cord in the light mo st favorable to the district court’s findings and will not reverse unl ess we are left with the “definite and firm conviction that a mistak e has been made.” (quotations omitted).
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In the Matter of:
Minn. Ct. App. 2021
To determine whether, using this definition, domestic abuse occurred, we have held that the district court may c onsider “the totality of the circumstances.”
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In re the Marriage of:
Minn. Ct. App. 2021
See Sefkow, d at 210; d 94, 99 (Minn. App. 2009) (noting that “district court’s findings implicitly indicate[d]” that it found certain evidence credible).
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In re the Marriage of:
Minn. Ct. App. 2021
f the children.” Freitas presents no legal authority for the proposition that the GAL’s report must be disregarded as biased under these circumstances, d 716, 726 (Minn. App. 2002) (concluding that arguments submitted without legal authority are forfeited), and, in any even t, we defer to a district court’s credibility determinations
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Khalif Jama, et al., Respondents,
Minn. Ct. App. 2021
On review, this court will “neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder.” Pechovnik v. Pechovnik , ( quotation omitted).
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In re the Matter of: Brian Eugene Wolf, petitioner, Appellant,
Minn. Ct. App. 2021
(citing Kahn v. Griffin , 701 N.W .2d 815, 821 (Minn. 2005) ).
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In re the Marriage of: Melissa Leigh Brinkman, petitioner, Respondent,
Minn. Ct. App. 2021
Sefkow v. Sefkow , (credibility determinations); Pechovnik v. Pechovnik , (implicit credibility 8 determinations).
- Kristen Glaros Hanson, et al., Respondents, Minn. Ct. App. 2021
- In the Matter of: Chelsey Lynn Ness, and On Behalf of the Minor Children, petitioner, Respondent, Minn. Ct. App. 2020
- In re the Matter of: Karolina Perminova, for self and o/b/o minor, petitioner, Respondent, Minn. Ct. App. 2020
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In re the Matter of: Melissa Hall, petitioner, Respondent,
Minn. Ct. App. 2020
“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 re the Matter of: Margaret Patricia Fagre, and o/b/o minor children, petitioner, Respondent,
Minn. Ct. App. 2020
“An OFP 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.” Pechovnik v. Pechovnik
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In re the Marriage of:
Minn. Ct. App. 2020
See Knapp, d at 837; cf. Pechovnik v. Pechovnik , (deferring to an im plicit credibility determination made by the district court).
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In re the Matter of:
Minn. Ct. App. 2020
Cf. Pechovnik v. Pechovnik , -100 (Minn. App. 2009) (no abuse of discretion where decision “was a close call”).
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In the Matter of: Holly Elizabeth Often, o/b/o Minor Children, petitioner, Respondent,
Minn. Ct. App. 2020
We view the record in the light most favorable to the findings and will reverse those findings only if “left with the definite and firm conviction that a mistake has been made.” Pechovnik v. Pechovnik
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In re the Marriage of: Samantha Magdalena Hansen, petitioner, Respondent,
Minn. Ct. App. 2020
To the extent that father’s factual assertions differ from mother’s assertions, we do not “reconcile conflicting evidence,” as that role is “exclusively the province of the factfinder.” (quotation omitted).
- In re the Matter of Kenneth Alan Hovland, OBO Minor Children, Respondent, Minn. Ct. App. 2020
- In re the Matter of: Kimberly Ann Sobiech, and o/b/o Minor Children, petitioner, Appellant, Minn. Ct. App. 2020
- In re the Matter of: Minn. Ct. App. 2020
- Town of West Lakeland, Respondent, Minn. Ct. App. 2020
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In re the Marriage of: Benjamin Walter Eidem, petitioner, Appellant,
Minn. Ct. App. 2019
d 94, 99 (Minn. App. 2009).
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In re the Matter of:
Minn. Ct. App. 2019
We view the record in the light most favorable to the district court’s findings and will not reverse unless “we are left with the definite and firm conviction that a mistake has been made.” (quotations omitted).
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Kevin Chouanard, et al., Respondents,
Minn. Ct. App. 2019
See Pechovnik v. Pechovnik , see also Minn. R. Civ.
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Gabrielle Marie Geraci, Appellant,
Minn. Ct. App. 2019
See Pechovnik v. Pechovnik , (noting that district court ’s findings “implicitly indicate[d] ” that it found certain evidence credible).
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In re the Marriage of:
Minn. Ct. App. 2019
“Appellate courts decide only actual controversies and avoid advisory opinions.” d 94, 97 (Minn. App. 2009) (quota tion omitted).
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In re the Matter of: Sara Ann Zahasky, petitioner, Respondent,
Minn. Ct. App. 2019
We view the record in the light most favorable to the district court’s findings and will not reverse unless we are left with the “definite and firm conviction that a mistake has been made.”
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In the Matter of: Naomi Rae Marx, petitioner, Respondent,
Minn. Ct. App. 2019
5 favorable to the district court’s findings, and reversal is warranted only when this court is left with the “definite and firm conviction that a mistake has been ma de.”
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In the Matter of: Carole Anne Rosemary Dobson, Respondent,
Minn. Ct. App. 2019
6a(c)(2) (2018) (providing that a court may grant a subsequent OFP for a period of up to 50 years if the court finds that “the petitioner has had two or more orders for protection in effect against the same respondent”); Pechovnik v. Pechovnik , (concluding that the appeal of an expired OFP was not moot cons idering the collateral consequences of an OFP, includin g the extension of an OFP and t he issuance of a subsequent OFP).
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Cleveland-Cliffs Minnesota Land Development, LLC, Relator,
Minn. Ct. App. 2019
“A case is moot if there is no justiciable controversy for a court to 10 decide.”
- In re the Matter of: Susan Ann Ericson o/b/o Minor, petitioner, Respondent, Minn. Ct. App. 2019
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Joel Marvin Munt, petitioner, Appellant,
Minn. Ct. App. 2018
“A case is moot if there is no justiciable controversy for a court to decide.”
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In Re the Custody of H.M.B.
Minn. Ct. App. 2018
See Arimitsu, d at 239 (concluding absence was temporary where parents explicitly agreed that the children could remain in Japan temporarily); (Minn. 1 Mother stated in her affidavit that she and father “agree[d] to move to Washington,” and that “[she] was never sure that the move to Minnesota would be good for [H.M.B.]
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Angela Mary Frame, petitioner, Respondent,
Minn. Ct. App. 2018
When reviewing an order for protection 6 (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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James C. Holmes, Respondent,
Minn. Ct. App. 2018
See Pechovnik v. Pechovnik , 18 (stating a district court abuses its discretion if its findings are unsupported by the record or if it misapplies the law).
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Randall Tague and obo Minor, petitioner, Respondent,
Minn. Ct. App. 2018
(affirming the grant of an order for protection, noting the deferential abuse-of-discretion standard used to review the issuance of an order for protection and reasoning that “[t] he evidence was sufficient for the di strict court to infer appellant’s present intent to inflict fear of imminen
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Adam James Hockenson, petitioner, Appellant,
Minn. Ct. App. 2018
See P -100 (Minn. App. 2009) (holding the district court ’s credibility determination and fact finding could be implicit).
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Dean Murray, petitioner, Respondent,
Minn. Ct. App. 2018
d 94, 99 (Minn. App. 2009).
- In re the Marriage of: Nathan Gregory Olstad, petitioner, Appellant, Minn. Ct. App. 2018
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In re the Matter of: Ayano Eto Baylor for self and o/b/o Minor, petitioner, Respondent,
Minn. Ct. App. 2018
” Pechovnik v. Pechovnik , (quotation omitted).
- In the Matter of: Natasha June Marie Courtney, petitioner, Respondent, Minn. Ct. App. 2018
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Florkime Sannie-joy Paye, petitioner, Respondent,
Minn. Ct. App. 2018
(on conflicting testimony, observing that the district court’s OFP findings “implicitly indicat[ed]” that it found certain evidence credible, and deferring to that credibility determination).
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In the Matter of: Emma Marie Welter, petitioner, Respondent,
Minn. Ct. App. 2018
See P (“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 the Matter of Larissa Michele Hansen on behalf of Minor Child, petitioner, Respondent,
Minn. Ct. App. 2018
This court will “neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factf inder.” Pechovnik v. Pechovnik , (quotation omitted).
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In the Matter of the Welfare of the Children of: C. L. C., S. D. G., and C. …
Minn. Ct. App. 2018
5 An appellate court will “neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder.” (quotation omitted).
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In re the Marriage of: Dawn Angela Swenson, f/k/a Dawn Angela Pedri, petitioner, Respondent,
Minn. Ct. App. 2017
(noting that “district court’s findings implicitly indicate[d] that the district court found [a party’s] testimony credible” and deferring to that credibility determination).
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AutoUpLink Technologies, Inc., Appellant,
Minn. Ct. App. 2017
See Pechovnik v. Pechovnik , (“the district court found respondent’s testimony credible.
- Aljubailah ex rel. A. M. J. v. James 903 N.W.2d 638 Minn. Ct. App. 2017
- Aljubailah ex rel. A. M. J. v. James 903 N.W.2d 638 Minn. Ct. App. 2017
- In the Matter: Nita Maria Hicks, Respondent, Minn. Ct. App. 2017