Cited by
Opinions in Minnesota that cite Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/…, 884 N.W.2d 611.
- City of Elk River v. Bolton & Menk, Inc., Vessco, Inc., Schwing Bioset ... Minn. 2024
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City of Elk River v. Bolton & Menk, Inc., Vessco, Inc., Schwing Bioset ...
Minn. 2024
A district court abuses its discretion when it acts under a “misapprehension of the law.” (quoting Sommers v. 6 Thomas, ).
- 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 v. Alpine Homes, Inc. Minn. Ct. App. 2023
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Colby Lake Fourth Association v. Hiscox Insurance Company, Inc.
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 v. Jon Goodwin as Trustee of the Cleone J. Goodwin Revocable Trust Agreement dated July 17, …
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 v. Treaunna K. Martin, John Doe, et al
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: Ariel Theresa Bedner v. Todd David Bedner 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. v. Barbara Wigley, Michael Wigley
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 v. John Wesley Buchanan, IV
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 v. Evelyn Bruntlett Minn. Ct. App. 2023
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Minnwest Bank v. Beth Ann Kalass, et al., Estate of Henry G Petersen, Decedent, et al
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 v. Arlen Britton
Minn. Ct. App. 2022
d 611, 620 (Minn. 2016).
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Otter Tail County, Department of Land and Resource v. Mark DeRuyter, et al., James Edward Justin, et al. …
Minn. Ct. App. 2022
d 611, 620 (Minn. 2016).
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City of Minneapolis v. Leo A. Daly Company, and Leo A. Daly Company, vs. Ice Builders, Inc., a …
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 v. Scott Nuthak Minn. Ct. App. 2022
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Jeffrey Rangel Perez, et al v. Solomon Affa, Raiser, LLC, et al
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 v. Minneapolis Public Schools - Special School …
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 v. Janice C. Marschel as Trustee for the Janice C. Marschel Revocable Trust, et al
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 v. Hiscox Insurance Company 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 v. Norman Schiffman Minn. Ct. App. 2021
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Town of Denmark v. Kenneth C. Cordes, et al., DZ Trucking LLC, et al
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 v. Mohammed Shahidullah, AKA Sam Ulland, RE: The Hazardous Building located at 430 Waters St. …
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 v. Cody J. Haislet, et al Minn. Ct. App. 2021
- Life Clinic PA v. Sharon E. Anderson Minn. Ct. App. 2021
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Washington Jimenez-Moncayo v. Ashley Davis, et al
Minn. Ct. App. 2021
See Gams v. Houghton , -18 (Minn. 2016); -39 (Minn. 2016).
- MCHS Red Wing v. Brittney N. Converse Minn. Ct. App. 2021
- City of Shoreview v. Mohamad Amro, et al Minn. Ct. App. 2021
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Cheryl Orcutt v. Jon Crews, et al
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 v. County of Becker, Thomas Alinder, et al., Gary Heitkamp Construction, Inc., et al Minn. Ct. App. 2021
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Steven Fischer v. Fischer-Kinnunen Partnership, LLP, et al
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. v. Barbara Wigley, Michael Wigley
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 v. Holmgren Building Repair, Inc. Minn. Ct. App. 2020
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In re the Marriage of: Beth Marie Delzer v. Randy Edward Delzer
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 v. RS Eden Minn. Ct. App. 2020
- Andre Agee v. City of Minneapolis, et al Minn. Ct. App. 2020
- Jerald Hammann v. Wells Fargo Bank NA 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 v. AF Enterprises, LLC, et al
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 v. KeiJuan J. Brown
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: Jennifer Lynn Gaughan v. Patrick Michael Gaughan Minn. Ct. App. 2019