Cited by
Opinions in Minnesota that cite In Re the GUARDIANSHIP OF Jeffers J. TSCHUMY, Ward, 853 N.W.2d 728.
-
Kevin Christensen, Appellant,
Minn. Ct. App. 2026
I. “[T]he existence of a justiciable controversy is essential to our exercise of jurisdiction.” -34 (Minn. 2014).
-
Alpha News, Appellant,
Minn. Ct. App. 2026
Courts may ordinarily exercise jurisdiction only over justiciable controversies, –34 (Minn. 2014), and a moot controversy is not justiciable, Snell, d at 283.
-
A24-1874
Minn. Ct. App. 2025
e raw material (including effective presentation of both sides of the issues raised) traditionally associated with effective judicial decision-making.” see also Snell, d at 284 (determining case to be functionally justiciable because “the issues are primarily legal and were well-briefed by the parties”); (determining question to be functionally 7 Because OCM has the burden, we limit our analysis to the exceptions raised by OCM.
-
Mark Weber, et al., Respondents,
Minn. Ct. App. 2025
The court’s duty is to “interpret the policy that the Legislature has already determined in the statutory language at issue.” n.10 (Minn. 2014).
-
Daley Farm of Lewiston, L.L.P., et al., Appellants,
Minn. Ct. App. 2024
The court’s duty is to “interpret the policy that the Legislature has already determined in the statutory language at issue.” n.10 (Minn. 2014).
- Drake Snell v. Tim Walz, Governor of Minnesota, in his official capacity, ... 6 N.W.3d 458 Minn. 2024
-
Drake Snell v. Tim Walz, Governor of Minnesota, in his official capacity, ...
6 N.W.3d 458
Minn. 2024
d at 280–81; (“[W]e have authority to decide cases that are technically moot when those cases are functionally justiciable and present important questions of statewide significance.”).
- In re: The Matter of T. M. and the Commissioner Jodi Harpstead Minn. Ct. App. 2024
-
In re: The Matter of T. M. and the Commissioner Jodi Harpstead
Minn. Ct. App. 2024
Courts may ordinarily exercise jurisdiction only over justiciable controversies, –34 (Minn. 2014), and a moot case is not justiciable
-
In the Matter of:
Minn. Ct. App. 2022
(“We have dismissed appeals for lack of jurisdiction where the issues in the case were moot.”).
-
Minn. 2022
Though the di ssent contends that our decision takes a “piecemeal approach” that “provides Minnesota lawyer s and litigants incomplete guidance,” we only “decide actual controversies.” In re Guardianship of Tschumy
-
James Zika, Appellant,
Minn. Ct. App. 2022
(applying de novo review in a guardianship context).
-
In the Matter of the Estate of: Mathew Joseph Tomczik, Deceased.
Minn. Ct. App. 2022
10 Hayden, d at 796 ( n.10 (Minn. 2014)).
- In re: Guardianship/Conservatorship of Chad Wayne Thornberg. Minn. Ct. App. 2021
-
Drake Snell, et. al., Appellants,
Minn. Ct. App. 2021
d 728, 731-33, 741 (Minn. 2014).
- In the Matter of Enbridge Line 3 Replacement Project in Minnesota Kittson, Marshall, Pennington, Polk, Red Lake, Clearwater, … Minn. Ct. App. 2021
-
Deklin Darren Goeden, Respondent,
Minn. Ct. App. 2021
Capable of repetition Minnesota Supreme Court precedent instructs that appellate courts must conduct a “careful analysis of all aspects of the issues presented before we determine whether to dismiss the case or exercise our discretion to consider the appeal as an exception to the mootness doctrine.”
-
In re the Matter of:
Minn. Ct. App. 2021
-41 (Minn. 2014) (discussing cases, including Tschumy, that present an issue of public importance and statewide significance).
-
Pharaoh El-Forever Left-i Amen El, Appellant,
Minn. Ct. App. 2021
The district court declined to apply the mootness doctrine because it held that this case is “functionally justiciable and present[s] important questions of statewide significance,”
-
R e s p o n d e n t ,
Minn. 2021
In re Guardianship of Tschumy
-
Court of Appeals Anderson, J.
Minn. 2020
Our mootness doctrine is “flexible and discretionary; it is not a mechanical rule that we invoke automatically.”
-
A19-0355
Minn. Ct. App. 2020
The court’s duty is to “interpret the policy that the Legislature has already determined in the statutory language at issue.” See In re Guardianship of Tschumy , n.10 (Minn. 2014).
- City of Baxter v. City of Brainerd 932 N.W.2d 477 Minn. Ct. App. 2019
-
City of Baxter v. City of Brainerd
932 N.W.2d 477
Minn. Ct. App. 2019
In re Guardianship of Tschumy , , 741 n.10 (Minn. 2014).
-
In the Matter of Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2006-RM2.
Minn. Ct. App. 2019
But standing is the “requisite personal interest that must exist at the commencement of the litigation .” In re Guardianship of Tschumy , (quotation omitted) (emphasis added).
-
Zach Nubbe and Mineral Service Plus, LLC, Appellants,
Minn. Ct. App. 2019
-41 (Minn. 2014) (reaching the merits of a moot issue to clarify the scope of guardians’ authority to remove life-support from a ward—“one of life’s most fundamen tal decisions”—because there w ere thousands of wards under the state’s supervision); (decid
- Guardian Energy, LLC v. Cnty. of Waseca 927 N.W.2d 1 Minn. 2019
-
Guardian Energy, LLC v. Cnty. of Waseca
927 N.W.2d 1
Minn. 2019
In re Guardianship of Tschumy , , 734 (Minn. 2014).
- Minn. Sands, LLC v. Cnty. of Winona 917 N.W.2d 775 Minn. Ct. App. 2018
-
Minn. Sands, LLC v. Cnty. of Winona
917 N.W.2d 775
Minn. Ct. App. 2018
In re Guardianship of Tschumy , , 733-34 (Minn. 2014).
- Verhein v. Piper 917 N.W.2d 96 Minn. Ct. App. 2018
-
Verhein v. Piper
917 N.W.2d 96
Minn. Ct. App. 2018
See In re Guardianship of Tschumy , , 740-41 (Minn. 2014) (reaching merits of a moot issue to clarify the scope of guardians' authority to remove life-support for a ward because of the thousands of wards within the state); Kahn v. Griffin , , 823 (Minn. 2005) (considering merits of an election procedure because it was similar to procedure
-
State of Minnesota, ex rel. Antwone Ford, petitioner, Respondent,
Minn. Ct. App. 2018
Safety, , 439 (Minn. 2002); Rud, -76; 740 (Minn. 2014); Leino, d at 16 481.
- Glaze v. State 909 N.W.2d 322 Minn. 2018
-
Glaze v. State
909 N.W.2d 322
Minn. 2018
Our conclusion that Glaze's death terminated the attorneys' authority to act on his behalf is not inconsistent with In re Guardianship of Tschumy
- Laymon v. Minnesota Premier Properties, LLC 903 N.W.2d 6 Minn. Ct. App. 2017
-
Laymon v. Minnesota Premier Properties, LLC
903 N.W.2d 6
Minn. Ct. App. 2017
-“Standing must exist at all stages of the litigation, including when a plaintiff brings a cause of action and when a party appeals a decision.” (quotation omitted).
-
In re the Estate of: Albert Garcia, Sr., Decedent
Minn. Ct. App. 2017
See In re Guardianship of Tschumy , –34 (Minn. 2014).
- In re: Guardianship of Laye Komara, minor Minn. Ct. App. 2017
- Bicking v. City of Minneapolis 891 N.W.2d 304 Minn. 2017
- In the Matter of Temphy Thompson�s Verified Application for Compensation from the Contractor Recovery Fund. Minn. Ct. App. 2016
-
In the Matter of Temphy Thompson�s Verified Application for Compensation from the Contractor Recovery Fund.
Minn. Ct. App. 2016
When we review a statute, we are limited to “interpret[ing] the policy that the Legislature has already determined in the statutory language at issue.” n.10 10 (Minn. 2014).
- Anthony Hernandez v. Minnesota Board of Teaching Minn. Ct. App. 2016
- Anthony Hernandez v. Minnesota Board of Teaching Minn. Ct. App. 2016
- Ethan Dean v. City of Winona 868 N.W.2d 1 Minn. 2015
- Ethan Dean v. City of Winona 868 N.W.2d 1 Minn. 2015
- The Centennial Fire Fighters Relief Association v. The City of Lino Lakes, Anoka County Auditor, Jonell Sawyer in … Minn. Ct. App. 2015
-
The Centennial Fire Fighters Relief Association v. The City of Lino Lakes, Anoka County Auditor, Jonell Sawyer in …
Minn. Ct. App. 2015
Bennett v. Brown, 216 Minn. 135, 138
- State of Minnesota v. Troy Kenneth Scheffler Minn. Ct. App. 2015
-
State of Minnesota v. Troy Kenneth Scheffler
Minn. Ct. App. 2015
(Stras, J., dissenting) (noting that in circumstances “in which there is no case or controversy, it is our duty under the Minnesota Constitution to dismiss the appeal”).