Cited by
Opinions in Minnesota that cite Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/…, 884 N.W.2d 611.
- In the Matter of the Welfare of: M. A. B., Child Minn. Ct. App. 2024
- In the Matter of the Welfare of: M. A. B., Child Minn. Ct. App. 2024
- Bradley Lewis, et al., Respondents, Minn. Ct. App. 2023
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Colby Lake Fourth Association, Appellant,
Minn. Ct. App. 2023
A district court abuses its discretion if its ruling relies on “a misapprehension of the law” or if “its factual findings are clearly erroneous.” (quotations omitted).3 We view the record in the light most favorable to the district court ’s decision.
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Suzanne Stephens, Respondent,
Minn. Ct. App. 2023
“The foundational principle of the right to due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked.” (quotation omitted).
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2913 29th Avenue South LLC, Appellant,
Minn. Ct. App. 2023
As such, a district court will not be reversed on appeal except for a clear abuse of discretion.” d 611, 620 (Minn. 2016) (citations and quotations omitted).
- Hiscox Insurance Company, Minn. 2023
- In re the Marriage of: Minn. Ct. App. 2023
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In re Approving Adverse Action Against the Cigarette/Tobacco Licenses Held by Narjis, LLC, d/b/a East Side Grocery, at …
Minn. Ct. App. 2023
“The foundational principle of the right to due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked.” (quotation omitted).
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Lariat Companies Inc., Appellant,
Minn. Ct. App. 2023
Generally, “[t]he decision whether to grant Rule 60.02 relief is based on all the surrounding facts of each specific case, and is committed to the sound discretion of the district court,” and “will not be reversed on appeal except for a clear abuse of discretion.” (citations and quotations omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We will not determine that a district court abused 6 its discretion unless “its decision was based on an erroneous view of the law or was against logic and the facts in the record.” (quotation omitted); (quotations omitted).
- Kevin Bruntlett, Appellant, Minn. Ct. App. 2023
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Minnwest Bank, Respondent,
Minn. Ct. App. 2022
A district court abuses its discretion if its ruling relies on “a misapprehension of the law” or if “its factual findings are clearly erroneous.” (quotations omitted).
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Community Action Partnership of Scott, Carver & Dakota Counties, Respondent,
Minn. Ct. App. 2022
d 611, 620 (Minn. 2016).
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Otter Tail County, Department of Land and Resource, Plaintiff,
Minn. Ct. App. 2022
d 611, 620 (Minn. 2016).
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City of Minneapolis, Respondent,
Minn. Ct. App. 2022
ice against all parties unless the parties within that year sign a stipulation to extend the filing period.” The Minnesota Supreme Court has held that a defendant “does not need to take any action for Rule 5.04(a) to operate” and “a case is automatically ‘deemed’ dismissed with prejudice upon failure to file, or obtain a stipulation, within the 1-year deadline in the rule.” (footnote omitted) (quoting Minn. R. Civ.
- Tracy Nuthak, Respondent, Minn. Ct. App. 2022
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Jeffrey Rangel Perez, et al., Appellants,
Minn. Ct. App. 2022
“The decision whether to grant rule 60.02 relief is based on all the surrounding facts of each specific case, and is committed to the sound discretion of the district court.”
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Jane Doe 126, by and through her Guardian, Father Doe 126, Appellants,
Minn. Ct. App. 2022
-18 (Minn. 2016); -39 (Minn. 2016).
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In re the Estate of James J. Fiorentino, Deceased.
Minn. Ct. App. 2022
d 611, 618 (Minn. 2016).
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In re the Estate of: Joann Roselia Gregory, aka JoAnn R. Gregory and aka JoAnn Gregory, Deceased.
Minn. Ct. App. 2022
2 The Gregory brothers also argue that they were entitled to an evidentiary hearing on their removal petition.
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Advantage Financial, LLC, Appellant,
Minn. Ct. App. 2022
The district court abuses its discretion if it “acts under a misapprehension of the law or when its factual findings are clearly erroneous.” (quotations omitted).
- Glen Edin of Edinburgh Association, Appellant, Minn. Ct. App. 2022
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In the Appeal of Jared Cunningham re: DHS Appeal for Maltreatment of a Minor.
Minn. Ct. App. 2021
eir counsel’s neglect if (1) the party has “a reasonable defense on the merits,” (2) the party has “a reasonable excuse for [its] failure or neglect to answer,” (3) the party “acted with due diligence after notice of the entry of judgment, and” (4) the party shows “no substantial prejudice will result to the other party.” Finden, d at 750 (Finden factors); –20 (Minn. 2016).
- Central Towers Limited Partnership, Appellant, Minn. Ct. App. 2021
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Town of Denmark, Respondent,
Minn. Ct. App. 2021
“The interpretation of the Minnesota Rule s of Civil Procedure is a question of law that [an appellate court] reviews de novo.” Gams v. Houghton
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City of Hutchinson, Respondent,
Minn. Ct. App. 2021
Likewise, “[t] he interpretation of the Minnesota Rules of Civil Procedure is a questi on of law that [appellate courts] review de novo.”
- William O. Bradley, Appellant, Minn. Ct. App. 2021
- Life Clinic PA, Respondent, Minn. Ct. App. 2021
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Washington Jimenez-Moncayo, Appellant,
Minn. Ct. App. 2021
See Gams v. Houghton , -18 (Minn. 2016); -39 (Minn. 2016).
- MCHS Red Wing, Respondent, Minn. Ct. App. 2021
- City of Shoreview, Respondent, Minn. Ct. App. 2021
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Cheryl Orcutt, Respondent,
Minn. Ct. App. 2021
“The decision whether to grant rule 60.02 relief is based on all the surrounding facts of each specific case, and is committed to the sound discretion of the district court.” d 611, 620 (Minn. 2016).
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In the Matter of the Cigarette/Tobacco and Gas Station licenses held by Midway University & Hamline, LLC d/b/a …
Minn. Ct. App. 2021
“The foundational principle of the right to due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked.” (quotation omitted).
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In the Matter of the Welfare of the Child of: R. H. and D. M., Parents.
Minn. Ct. App. 2021
(stating that a party must satisfy all four factors articulated in rule 60.02 in order to be granted relief).
- Joseph Roach, et al., Appellants, Minn. Ct. App. 2021
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Steven Fischer, Appellant,
Minn. Ct. App. 2020
“The decision whether to grant Rule 60.02 relief is based on all the surrounding facts of each specific case, and is committed to the sound discretion of the district court.”
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Lariat Companies, Inc., Respondent,
Minn. Ct. App. 2020
A district court has discretion to grant rule 60.02 relief “based on all the surrounding facts of each specific case.”
- Safeco Insurance Company, Appellant, Minn. Ct. App. 2020
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A19-1182
Minn. Ct. App. 2020
“The interpretation of the Minnesota Rules of Civil Procedure is a question of law that we review de nov o.” Gams v. Houghton
- Terry Curtin, et al., Appellants, Minn. Ct. App. 2020
- Andre Agee, Appellant, Minn. Ct. App. 2020
- Jerald Hammann, Appellant, Minn. Ct. App. 2020
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In re the Matter of the Civil Commitment of: Matthew Lee DeRosia.
Minn. Ct. App. 2020
(holding that interpreting rules “is a question of law that [appellate courts] review de novo” ); Cocchiarella v. Driggs , (holding that interpreting statutes “is a question of law that [appellate courts] review de novo”).
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R&S Crossing, LLC, Respondent,
Minn. Ct. App. 2020
Cole, d at 637; see also Gams v. Houghton , (rejecting the notion that a party seeking relief under Minn. R. Civ.
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South Metro Federal Credit Union, Respondent,
Minn. Ct. App. 2019
“The interpretation of the Minnesota Rules of Civil Procedure is a question of law that we review de novo.”
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In Re: The Matter of the Petition for Project No. 77, Clay County Ditch No. 51-Lateral No. 3, …
Minn. Ct. App. 2019
“The foundational principle of the right to due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked.” (quotation omitted).
- In re the Matter of: Minn. Ct. App. 2019
- In re the Estate of: Minn. Ct. App. 2019
- In re the Marriage of: Minn. Ct. App. 2019