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 re the Estate of: Richard John Keim, Deceased Minn. Ct. App. 2019
- In re the Marriage of: Russell Vander Wiel v. Sharna Ann Wahlgren Minn. Ct. App. 2019
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The Jonathan Association, and S3 Holdings, LLC, its assignee v. Chase Wirth, John Doe, et al
Minn. Ct. App. 2019
5 D E C I S I O N In general, “[t]he decision to v acate judgment under rule 60.02 rests within the district court’s discretion and will not be reversed absent an abuse of that discretion.” (quotation omitted), aff’d, d 611 (Minn. 2016).
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In re the Matter of: David Allen Engh v. Jennifer Culver, Ramsey County, Intervenor
Minn. Ct. App. 2019
“A district court abuses its discretion when it acts under a misapprehension of the law or when its factual findings are clearly erroneous.” (quotation and citation omitted).
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Michael Norman Andersen v. Robert James Buehler, et al., Concord Township
Minn. Ct. App. 2019
As such, a district court will not be reversed on appeal except f or a clear abuse of discretion.” Gams v. Houghton , (citations and quotations omitted).
- Althaus v. Krueger 929 N.W.2d 907 Minn. Ct. App. 2019
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Althaus v. Krueger
929 N.W.2d 907
Minn. Ct. App. 2019
Gams v. Houghton , , 616 (Minn. 2016).
- In re the Marriage of: Denise Marie Kienholz v. Douglas Floyd Kienholz Minn. Ct. App. 2019
- Buck Blacktop, Inc. v. Gary Contracting and Trucking Company, LLC 929 N.W.2d 12 Minn. Ct. App. 2019
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Buck Blacktop, Inc. v. Gary Contracting and Trucking Company, LLC
929 N.W.2d 12
Minn. Ct. App. 2019
See, e.g. , Gams v. Houghton , , 615-21 (Minn. 2016) ; Cole v. Wutzke , , 637-39 (Minn. 2016) ; Nguyen v. State Farm Mut.
- Mary Brown v. MSP Services LLC, d/b/a MSP Home Rental Minn. Ct. App. 2019
- Olson v. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461 924 N.W.2d 594 Minn. 2019
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Olson v. One 1999 Lexus Mn License Plate No. 851ldv Vin: Jt6hf10u6x0079461
924 N.W.2d 594
Minn. 2019
Gams v. Houghton , , 618 (Minn. 2016).
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Nicholas J. Carney, et al v. Michael A. Lange, et al
Minn. Ct. App. 2019
As such, a district court will not be reversed on a ppeal except f or a clear abuse of discretion.” Gams v. Houghton , (quotation and citations omitted).
- Phyllis Louise Luskey v. Nikki Dee Eggum, et al Minn. Ct. App. 2019
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Raymond Oswald, et al v. South Central Mutual Insurance Co.
Minn. Ct. App. 2018
“The interpretation of the Minnesota Rules of Civil Procedure is a question of law that we review de novo.”
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Thomas A. Ruether, et al v. Kathleen Mimbach Living Trust, et al., City of Rockville
Minn. Ct. App. 2018
Gams v. Houghton , (quotation omitted).
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In the Matter of the Civil Commitment of: Craig R. Jackman
Minn. Ct. App. 2018
“[R]emand is the appropriate remedy when the district court has made insufficient findings to enable appellate review.” aff’d as modified
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Paul King, et al v. County of St. Louis, Duluth Economic Development Authority
Minn. Ct. App. 2018
“Whether procedural due process has been violated is a question of law that we review de novo.”
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State of Minnesota v. T. K. S
Minn. Ct. App. 2018
Gams v. Houghton , (M inn.
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K.A.J. v. Emily Piper, Commissioner of Human Services
Minn. Ct. App. 2018
“Whether procedural due process has been violated is a question of law that [appellate courts] review de novo.”
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Larson Ventures, Inc. v. Jason P. Hoffman
Minn. Ct. App. 2018
Larson Ventures, Inc. , 2017 WL 1833318, at *4 (citing and discussing Gams v. Houghton , , ).
- Christensen Law Office, PLLC v. Olean 916 N.W.2d 876 Minn. Ct. App. 2018
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Christensen Law Office, PLLC v. Olean
916 N.W.2d 876
Minn. Ct. App. 2018
Gams v. Houghton , , 620 (Minn. 2016).
- Christensen Law Office, PLLC (A17-1158) Respondent (A17-1320) v. Daniel Olean (A17-1158) (A17-1320), Daniel L. Blees (A17-1320) Minn. Ct. App. 2018
- Charlie Siegle v. Vern Karst Minn. Ct. App. 2018
- Berg, Debele, DeSmidt & Rabuse, P.A., f/d/b/a Walling, Berg & Debele, P. A v. Robert I. Burns, Jr. Minn. Ct. App. 2018
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650 North Main Association v. Frauenshuh, Inc., Territorial Springs Riverview, LLC, et al., Kraus-Anderson Construction Company, Doe Affiliates …
Minn. Ct. App. 2018
P. 60.02(a); -20 (Minn. 2016); Cole, d at 637-38; Nelson v. Siebert
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Rosetta Muscianese v. James Dankers
Minn. Ct. App. 2018
d 60, 65 (Minn. App. 2015), aff’d as modified, (“[R]emand is the appropriate remedy when the district court has made insufficient findings to enable appellate review.”) .
- Sela Invs. Ltd. LLP v. H.E. 909 N.W.2d 344 Minn. Ct. App. 2018
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Sela Invs. Ltd. LLP v. H.E.
909 N.W.2d 344
Minn. Ct. App. 2018
Co. , , 139 (Minn. 2017) (interpreting another Minnesota statute); Gams v. Houghton , , 616 (Minn. 2016) (interpreting a Minnesota rule of civil procedure).
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Sela Investments Ltd., LLP v. H.E.
Minn. Ct. App. 2018
Co., (interpreting another Minnesota statute); (interpreting a Minnesota rule of civil procedure).
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Sherry Baker v. Commissioner of Human Services, Blue Earth County
Minn. Ct. App. 2018
Gams v. Houghton , -21 (Minn. 2016).
- Mary Larsen, et al v. Paul Tessier Minn. Ct. App. 2018
- Johnson v. City of Duluth 903 N.W.2d 1 Minn. Ct. App. 2017
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Johnson v. City of Duluth
903 N.W.2d 1
Minn. Ct. App. 2017
The city argues that the rules and the supreme court’s undermine the district court’s conclusion that judicial action is necessary to begin the rule-60.02 one-year motion-filing period.
- In re Welfare of the Child of R.K. 901 N.W.2d 156 Minn. 2017
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In re Welfare of the Child of R.K.
901 N.W.2d 156
Minn. 2017
See, (explaining that the plain language of Minn.R.
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Livingston Financial, LLC, as successor in interest to US Bank v. Daniel O. Ward, II
Minn. Ct. App. 2017
Gams v. Houghton , –20 (Minn. 2016) (citing Finden, 268 Minn. at 271, d at 750).
- Glacial Plains Cooperative v. Chippewa Valley Ethanol Co. 897 N.W.2d 834 Minn. Ct. App. 2017
- Glacial Plains Cooperative v. Chippewa Valley Ethanol Co. 897 N.W.2d 834 Minn. Ct. App. 2017
- Cornell v. Ripka 897 N.W.2d 801 Minn. Ct. App. 2017
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Cornell v. Ripka
897 N.W.2d 801
Minn. Ct. App. 2017
o provide that any civil action “not filed with the court within one year of commencement against any party is deemed dismissed with prejudice against all parties.” The amended rule became effective for all cases pending or commenced as of July 1, 2013, provided that “no action shall be involuntarily dismissed pursuant to [the amendment] until one year after the effective date.”
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Followed
Jane Doe v. Empire Entertainment, LLC, d/b/a The Pourhouse, metroConnections, Inc.
Minn. Ct. App. 2017
“If the language of a rule is plain and unambiguous, we follow the rule’s plain language.”
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Larson Ventures, Inc. v. Jason P. Hoffman
Minn. Ct. App. 2017
Gams, Cole, see Minn. R. Civ.
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Cyrus E. Olson v. Todd Jackson Trucking, LLC, et al
Minn. Ct. App. 2017
4 “Rule 60.02 is applicable to a Ru le 5.04(a) ‘deemed’ dismissal.” –18 (Minn. 2016).
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City of Vadnais Heights v. Cynthia C. Lemke
Minn. Ct. App. 2017
Gams v. Houghton , -20 (Minn. 2016).
- In the Matter of Unity Health Care, Class F Home License No. 352187 and Unity Home Care, Inc., … Minn. Ct. App. 2017
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In the Matter of Unity Health Care, Class F Home License No. 352187 and Unity Home Care, Inc., …
Minn. Ct. App. 2017
“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).
- Susan Dianna Orr v. Rebecca Kay Britten Minn. Ct. App. 2017