Cited by
Opinions in Minnesota that cite In re the Marriage of: Becki Anne Suleski, f/k/a Becki Anne Rupe v. Ryan Michael Rupe, 855 N.W.2d 330.
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In re the Marriage of: Holly Joy Klick, petitioner, Appellant,
Minn. Ct. App. 2022
Minn. Stat. §§ 518.175, .18 (2020)
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In re the Marriage of: William T. Bienemann, petitioner, Respondent,
Minn. Ct. App. 2022
is sufficient to allow meaningful appellate review.” Suleski v. Rupe
- In re the Marriage of: Michelle Lynn Wilson, petitioner, Respondent, Minn. Ct. App. 2021
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In re the Marriage of: Samuel H. Boimah, petitioner, Appellant,
Minn. Ct. App. 2021
jected this argument and found earlier proceedings had “ made clear that the purpose of the ‘second opinion’ was not to reinvestigate the original claims of abuse but to provide a second opinion o f the child’s 8 readiness to engage in reunification therapy.” Generally, “[w]hether a provision in a dissolution judgment and decree is clear or ambiguous is a legal question.” (quotations and citations omitted).
- In re the Marriage of: Winston Trevor Leak, petitioner, Appellant, vs. Helena Lee Leak, Respondent. Minn. Ct. App. 2021
- In re the Marriage of: Hirut Woldemariam, petitioner, Respondent, Minn. Ct. App. 2021
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In re the Marriage of: Dodamwalage Dinesh Jayawardena, petitioner, Appellant,
Minn. Ct. App. 2021
fter it determined that an award of temporary spousal maintenance should be made permanent so that the district court could consider the parties’ relative financial positions and make the appropriate award) ; (stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal”); d 330, 338 (Minn. App. 2014) (reversing and remanding because “findings are missing”).
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In re the Marriage of: Andrew John Stevens, petitioner, Appellant,
Minn. Ct. App. 2021
“Whether a provision in a dissolution judgment and decree is clear or ambiguous is a legal question.”
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In re the Marriage of: Richard Otto, petitioner, Appellant,
Minn. Ct. App. 2021
Parenting time can be deemed restricted when a modification is “substantial.”
- In re the Marriage of: Matthew James Beland, petitioner, Appellant, Minn. Ct. App. 2021
- In re the Matter of: Brian Eugene Wolf, petitioner, Appellant, Minn. Ct. App. 2021
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Nicole A. Nyhus, Respondent, Hennepin County, Respondent,
Minn. Ct. App. 2020
Suleski v. Rupe , (citations omitted).
- In re the Marriage of: Jane Swenson Amdal, petitioner, Respondent, Minn. Ct. App. 2020
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In re the Marriage of: Kristine Ann Spratt Hansen, n/k/a Kristine Ann Spratt, petitioner, Respondent,
Minn. Ct. App. 2020
(providing that a dissolution decree is ambiguous if it is reasonably susceptible to more than one meaning) .
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A20-0368
Minn. Ct. App. 2020
“Appellate courts disfavor the verbatim adoption of a party’s proposed ruling by the district court but do not automatically reverse a district court for doing so.”
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Michael Anthony Guardia, Respondent,
Minn. Ct. App. 2020
Although the legislature has not defined “primary residence,” M.J.H., d at 440; see Minn. Stat. § 518.003 (2018), we have defined it as “the principal dwelling or place where [a] child lives,”
- In re the Marriage of: Jacqueline Alice Jones, petitioner, Respondent, Minn. Ct. App. 2019
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In re the Marriage of: Susan Lee Wood, petitioner, Respondent,
Minn. Ct. App. 2019
Suleski v. Rupe , (quotations and citations omitted).
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In re the Matter of: Awal Ismael Hussein, Appellant,
Minn. Ct. App. 2019
“[A] district court has broad discretion to decide parenting -time ques tions” and this court “will not reverse a parenting -time decision unless the district court abused its discretion by misapplying the law or by relying on findings of fact that are not supported by the record.”
- In re the Marriage of: John Richard Strosahl, petitioner, Respondent, Minn. Ct. App. 2019
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In re the Custody of P. K. M. S. and K. D. S., Jeremy Melvin Selin, Respondent,
Minn. Ct. App. 2019
We have previously determined that a child’s primary residence is plainly and unambiguously “the principal dwelling or place where the child lives.”
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In re the Custody of: B. L. F.
Minn. Ct. App. 2019
In Suleski v. Rupe , we applied dictionary meanings to conclude that primary residence is “the principal dwelling or place where the child lives.” d 330, 335 (Minn. App. 2014).
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In re the Marriage of:
Minn. Ct. App. 2019
d 330, 334 (Minn. App. 2014).
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In re the Marriage of:
Minn. Ct. App. 2019
See Suleski v. Rupe , (holding that a district cour t’s interpretation of an ambiguous provision in an order is reviewed for clear error).
- In re the Marriage of: Tiffany Elizabeth Jean Banerjee, petitioner, Respondent, Minn. Ct. App. 2019
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In re the Marriage of: Camilla Renae Lee, petitioner, Respondent,
Minn. Ct. App. 2019
d 330, 334 (Minn. App. 2014).
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In re the Matter of the Maltreatment Appeal of Watta Yanor Kamara.
Minn. Ct. App. 2019
(applying the dictionary definition and common meaning of the term “primary residence” in a family-law dispute where the term was not defined in statute).
- In re the Marriage of: Sarah L Braun, petitioner, Respondent, Minn. Ct. App. 2018
- In re the Marriage of: Scott Douglas Wiggins, petitioner, Respondent, Minn. Ct. App. 2018
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In re the Custody of: J. K. L. Peter Romero Lockhart, petitioner, Appellant,
Minn. Ct. App. 2018
D E C I S I O N District courts have “broad discretion to decide parenting-time questions,” and an appellate court “will not reverse a parenting-time decision unless the district court abused its discretion by misapplying the law or by relying on findings of fact that are not supported by the record.”
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In re the Custody of A. M. W. Kelly James Wadsen, petitioner, Respondent,
Minn. Ct. App. 2018
“On appeal, findings of fact are accepted unless they are clearly erroneous,” and w e defer to the district court’s credibility determinations, Vangsness, d at 472.
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In re the Custody of: A. N. M. L.
Minn. Ct. App. 2018
We will not reverse a parenting -time decision unless the district court abused its broad discretion “by misapplying the law or by relying on findings of fact that are not supported by the record.”
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In re the Matter of:
Minn. Ct. App. 2017
“[A] district court has broad discretion to decide parenting-time questions.” Suleski v. Rupe , ().
- In re the Matter of: Sedina Glover, petitioner, Respondent, Minn. Ct. App. 2017
- Christensen v. Healey 899 N.W.2d 573 Minn. Ct. App. 2017
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Christensen v. Healey
899 N.W.2d 573
Minn. Ct. App. 2017
1 “A modification of custody or a change of the child’s primary residence requires that the district court utilize the procedures set forth in Minn. Stat. § 518.18 (d) and associated caselaw.” -35 (Minn.App.
- In re the Marriage of: Minn. Ct. App. 2017
- In re the Marriage of: Rebekah L. Bennett, petitioner, Appellant, Minn. Ct. App. 2017
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In re the Marriage of: Janelle Rozalind Spah, petitioner, Appellant,
Minn. Ct. App. 2017
and will not reverse a parenting-time decision unless the district court abused its discretion by misapplying the law or by relying on findings of fact that are not supported by the record.” Suleski v. Rupe , (citation omitted).
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In re the Marriage of: Sheree Rosett Curry, petitioner, Appellant,
Minn. Ct. App. 2017
7 The crux of the parenting-time issue in this case is the definition of “primary residence.” In Suleski v. Rupe, this court noted that the term “primary residence” is not defined in Minn. Stat. § 518.003 (2012), the definitional section of chapter 518, “or in any other section of the family -law statutes.”
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In re the Marriage of: Donald Wayne Leeke, petitioner, Appellant,
Minn. Ct. App. 2017
“Whether a provision in a dissolution judgment and decree is clear or ambiguous is a legal question.”
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In re the Marriage of:
Minn. Ct. App. 2017
“Appellate courts recognize that a district court has broad disc retion to decide parenting-time questions and will not reverse a parenting-time decision unless the district court abused its discretion by misapplying the law or by relying on findings of fact that are not supported by the record.” Suleski v. Rupe , (citations omitted).
- In re the Marriage of: Justin David Shearer v. Mandy Jane Shearer 891 N.W.2d 72 Minn. Ct. App. 2017
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In re the Marriage of: Justin David Shearer v. Mandy Jane Shearer
891 N.W.2d 72
Minn. Ct. App. 2017
Reversible abuses of discretion include misapplying the law or “relying on findings of fact that are not supported by the record.”
- In re the Marriage of: Joshua Ryan Beckendorf v. Jordana Leslie Fox 890 N.W.2d 746 Minn. Ct. App. 2017
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In re the Marriage of: Joshua Ryan Beckendorf v. Jordana Leslie Fox
890 N.W.2d 746
Minn. Ct. App. 2017
See Kucera v. Kucera, 275 Minn. 252, 254, (stating that “[i]t is not within the province of [appellate courts] to determine issues of fact on appeal”); (reversing and remanding where “findings are missing”).
- State of Minnesota by its Minnesota Pollution Control Agency v. Diane C. Anderson Minn. Ct. App. 2017
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State of Minnesota by its Minnesota Pollution Control Agency v. Diane C. Anderson
Minn. Ct. App. 2017
When the district court interprets a judgment or decree that it entered, the district court’s “reading of the provision is entitled to great weight.” (quotation omitted).
- In re the Marriage of: Kathleen Jean Rucker v. Kraig Vernon Rucker Minn. Ct. App. 2016
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In re the Marriage of: Kathleen Jean Rucker v. Kraig Vernon Rucker
Minn. Ct. App. 2016
d 330, 338 (Minn. App. 2014) (remanding a parenting schedule because, while the schedule was clear, the district court failed to articulate its rationale for that schedule); In re Salah, 26 (remanding a custody dispute because the distri