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: Jacqueline Anne Johanning Probst v. Thomas Raymond Probst
Minn. Ct. App. 2022
(stating that “the trial court has the responsibility of finding the facts and resolving the conflicts in the evidence”); (reversing and remanding where “findings are missing”).
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In re the Marriage of: Matthew James Beland v. Heidi Ann Beland, and Polk County
Minn. Ct. App. 2022
We review a district court’s factual findings for clear error, questions of law de novo, and the ultimate decision to modify child support for an abuse of discretion
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In the Matter of the Appeal by John Casterton of the Order of License Revocation Adult Foster Care …
Minn. Ct. App. 2022
The 2 Casterton presents tax and family law cases to define and illustrate what constitutes a “primary residence.” (“Based upon this common meaning and usage, a child’s ‘primary residence’ is the principal dwelling or place where the child lives.”); (“The most significant factor in determining domicile is the person’s intent to remain in a fixed pla
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In re the Marriage of: Holly Joy Klick v. Timothy Richard Klick
Minn. Ct. App. 2022
Minn. Stat. §§ 518.175, .18 (2020)
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In re the Marriage of: William T. Bienemann v. Yelena Y. Bienemann
Minn. Ct. App. 2022
is sufficient to allow meaningful appellate review.” Suleski v. Rupe
- In re the Marriage of: Michelle Lynn Wilson, Ryan Converse Wilson, Co-Appellant v. Gayle Gaumer Minn. Ct. App. 2021
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In re the Marriage of: Samuel H. Boimah v. Felitrice Nina Boimah
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 v. Helena Lee Leak Minn. Ct. App. 2021
- In re the Marriage of: Hirut Woldemariam v. Dereje F. Gulema Minn. Ct. App. 2021
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In re the Marriage of: Dodamwalage Dinesh Jayawardena v. Mallikaarachchige Sathsarani Jayawardena
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 v. Kyla Anne Stevens
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 v. Janyce Otto
Minn. Ct. App. 2021
Parenting time can be deemed restricted when a modification is “substantial.”
- In re the Marriage of: Matthew James Beland v. Heidi Ann Beland, Polk County, Intervenor Minn. Ct. App. 2021
- In re the Matter of: Brian Eugene Wolf v. Mandy Marie Oestreich Minn. Ct. App. 2021
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Nicole A. Nyhus, Hennepin County v. Sokkhan Ka
Minn. Ct. App. 2020
Suleski v. Rupe , (citations omitted).
- In re the Marriage of: Jane Swenson Amdal v. Keith Solomon Moheban Minn. Ct. App. 2020
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In re the Marriage of: Kristine Ann Spratt Hansen, n/k/a Kristine Ann Spratt v. Christopher Patrick Hansen
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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In the Matter of the Welfare of: E. M. H., Child
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 v. Jennifer Marie Mattson
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 v. Robert Ernest Jones Minn. Ct. App. 2019
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In re the Marriage of: Susan Lee Wood v. Brad Wesley Wood
Minn. Ct. App. 2019
Suleski v. Rupe , (quotations and citations omitted).
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In re the Matter of: Awal Ismael Hussein v. Lensa Mohamed Musa
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 v. Doreen Strosahl Minn. Ct. App. 2019
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In re the Custody of P. K. M. S. and K. D. S., Jeremy Melvin Selin v. Tiah …
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. Cherries Chamberlain v. Neil Fleahman
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: Terrence Michael Zelenka v. Annie Valeria Anderson, f/k/a Anne Zelenka
Minn. Ct. App. 2019
d 330, 334 (Minn. App. 2014).
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In re the Marriage of: Katie Lynn Helsene v. Christopher Lee Helsene, and Crow Wing County, intervenor
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 v. Animesh Banerjee Minn. Ct. App. 2019
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In re the Marriage of: Camilla Renae Lee v. Lyndon Carson Lee
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 v. Joseph Patrick Braun Minn. Ct. App. 2018
- In re the Marriage of: Scott Douglas Wiggins v. Marjarie Marie Renteria Wiggins Minn. Ct. App. 2018
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In re the Custody of: J. K. L. Peter Romero Lockhart v. Quintiny Luenelle Flakes
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 v. Jennifer Maggie Rosenthal
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. Jake Robert Lockwood v. Morgan Nicole Nybeck
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: Sari Rae Sheeley, n/k/a Sari Rae Moen v. James Harvey Sheeley
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, Hennepin County Below v. Clement Olertey Totimeh 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: Rebecca Lynn McNeil v. Mark Aaron McNeil Minn. Ct. App. 2017
- In re the Marriage of: Rebekah L. Bennett v. Kevin E. Bennett Minn. Ct. App. 2017
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In re the Marriage of: Janelle Rozalind Spah v. Steven Phillip Spah
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 v. Michael David Levy
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 v. Susan Lynn Webb Leeke n/k/a Susan Lynn Leeke
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: Jeffrey Scott Hoover v. Kelly Jane Hoover
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, et al Minn. Ct. App. 2017