Cited by

Opinions in Minnesota that cite Pechovnik v. Pechovnik, 765 N.W.2d 94.

231 citing documents.

Ryan Contracting Company v. O'Neill & Murphy, LLP 868 N.W.2d 473 Minn. Ct. App. 2015
Although a district court’s fact findings may be implicit, the record does not indicate that the district court in the original lien-foreclosure action considered arguments contesting whether the property was residential or mixed- use.
In re the Matter of: Kristin Holly Scherman, on behalf of minor child, A. S. v. Tad Gregory … Minn. Ct. App. 2015
In re the Matter of: Kristin Holly Scherman, on behalf of minor child, A. S. v. Tad Gregory … Minn. Ct. App. 2015
We review 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.” (quotation omitted).
RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC Minn. Ct. App. 2015
RKL Landholdings, LLC v. Seneca Specialty Insurance Company, 1563 University Ave, LLC Minn. Ct. App. 2015
(concluding that credibility determinations rest exclusively with the factfinder and we defer to those determinations even when they are implicit).
In re the Matter of: Megan Nicole Arnold v. John Wesley Arnold Minn. Ct. App. 2015
In re the Matter of: Megan Nicole Arnold v. John Wesley Arnold Minn. Ct. App. 2015
(“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.”).
State of Minnesota v. Damien Lashaun Nelson Minn. Ct. App. 2015
State of Minnesota v. Damien Lashaun Nelson Minn. Ct. App. 2015
context of the defendant’s relationship with the victim, including evidence of past crimes against the victim,” reasoning that “[t]he context for this case is one of domestic violence,” and concluding that “the evidence is sufficient to support a finding that [the defendant] knew or had reason to know that his letters would cause [the victim] to feel terrorized”); 100 (Minn. App. 2009) (concluding, on husband’s appeal from order for protection of wife, that “[t]he evidence was sufficient for the
In re the Custody of T.F. Shawn Kostrzewski v. Amy L. Frisinger, n/k/a Amy L. Budeau Minn. Ct. App. 2015
In re the Custody of T.F. Shawn Kostrzewski v. Amy L. Frisinger, n/k/a Amy L. Budeau Minn. Ct. App. 2015
In re the Marriage of: Peiliang Yuan v. Te Hao, and In re the Matter of: Te Hao … Minn. Ct. App. 2014
In re the Marriage of: Peiliang Yuan v. Te Hao, and In re the Matter of: Te Hao … Minn. Ct. App. 2014
In the Matter of: Gina Marie Johnson, individually and on behalf of Mickey Steele Sullivan v. Jacob Khamis … Minn. Ct. App. 2014
In the Matter of: Gina Marie Johnson, individually and on behalf of Mickey Steele Sullivan v. Jacob Khamis … Minn. Ct. App. 2014
Beverly Alto v. Kenneth Alto Minn. Ct. App. 2014
Beverly Alto v. Kenneth Alto Minn. Ct. App. 2014
Appellate courts defer to district court credibility determinations, even when those determinations are implicit
In Re the Custody of: M.-T. L. B. and S.-A. L. B. Rang Ngoc Bang v. Yenthao Thi … Minn. Ct. App. 2014
In Re the Custody of: M.-T. L. B. and S.-A. L. B. Rang Ngoc Bang v. Yenthao Thi … Minn. Ct. App. 2014
(deferring to credibility determination inferred from district court’s findings).
In re the Marriage of: Maria Pieternella Knight v. James Donald Knight Minn. Ct. App. 2014
In re the Marriage of: Maria Pieternella Knight v. James Donald Knight Minn. Ct. App. 2014
Appellant argues that “[t]he evidence in the record does not support a finding of domestic abuse.” The decision to grant an OFP “is within the district court’s discretion.” (quotation omitted).
State of Minnesota v. Kristopher Lee Roybal Minn. Ct. App. 2014
State of Minnesota v. Kristopher Lee Roybal Minn. Ct. App. 2014
(noting that a district court’s findings regarding credibility may be implicit); Gauster, d at 502 (noting that we review factual findings for clear error); Miller, d at 279 (noting that we defer to credibility determinations).
In re Guardianship of Pates 823 N.W.2d 881 Minn. Ct. App. 2012
In re Guardianship of Pates 823 N.W.2d 881 Minn. Ct. App. 2012
21, 2001); (stating that the district *888 court’s credibility findings can be implicit).
In re the Welfare of the Child of J.K.T. 814 N.W.2d 76 Minn. Ct. App. 2012
In re the Welfare of the Child of J.K.T. 814 N.W.2d 76 Minn. Ct. App. 2012
Ekman v. Miller 812 N.W.2d 892 Minn. Ct. App. 2012
Ekman v. Miller 812 N.W.2d 892 Minn. Ct. App. 2012
Schmidt ex rel. P.M.S. v. Coons 795 N.W.2d 625 Minn. Ct. App. 2011
Schmidt ex rel. P.M.S. v. Coons 795 N.W.2d 625 Minn. Ct. App. 2011
ANALYSIS A decision on whether to grant an OFP is discretionary; the district court abuses that discretion “if its findings are unsupported by the record or if it misapplies the law.”