Cited by
Opinions in Minnesota that cite In Re Horton, 668 N.W.2d 208.
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In re the Estate of James J. Fiorentino, Deceased.
Minn. Ct. App. 2022
d 208, 212 (Minn. App. 2003).
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In re the Estate of Meloy Lee Brandsrud, Deceased.
Minn. Ct. App. 2022
Brandsrud argues that Hespenheide lacks standing to petition for formal probate and appointment of a personal representative because the will is invalid.1 2 “Whether a party has standing is a question of law that appellate courts review de novo.”
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City of Cambridge, Respondent,
Minn. Ct. App. 2021
United States v. Hays , 515 U.S. 737, 742, 115 S. Ct. 2431, 6 2435 (1995); (noting that standing may be raised at any time and cannot be waived).
- Midland Funding LLC, et al., Respondents, Minn. Ct. App. 2020
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In the Matter of the Lindmark Endowment for Corporate-Business Ethics Fund.
Minn. Ct. App. 2019
Minn. Stat. § 501C.0201(a)-(b); (stating, in interpreting earlier version of statutory interested-person exception, that “an ‘interested person’ i s .
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Community First Bank, a Wisconsin banking corporation, Plaintiff,
Minn. Ct. App. 2018
But, it is well settled that “standing cannot be waived and may be raised at anytime.” In re Horton , see Patzner v. Schaefer , (noting that appellate courts “are required to address [standing] even if the courts below have not passed on it, and even if the parties fail to raise the issue before us” (quotation omitted)).
- Environmental Trust, LLC v. Hi-Tek Rubber, Inc., Gordon Cell Minn. Ct. App. 2016
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Environmental Trust, LLC v. Hi-Tek Rubber, Inc., Gordon Cell
Minn. Ct. App. 2016
“[T]he question of standing cannot be waived.”
- Marjorie Gowan v. The Estate of Robert E. Pape Minn. Ct. App. 2016
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Marjorie Gowan v. The Estate of Robert E. Pape
Minn. Ct. App. 2016
However, the term “will” in the probate code is not interchangeable with “trust.” See, (finding that the definition of “interested person” contained in the probate code was inapplicable because the controversy concerned trust assets).
- In re Application of Gourley Brothers, LLC for a Water Appropriation Permit. Minn. Ct. App. 2014
- In re Application of Gourley Brothers, LLC for a Water Appropriation Permit. Minn. Ct. App. 2014
- Federal National Mortgage Association v. Jeffrey D. Robinson, John Doe Minn. Ct. App. 2014
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Federal National Mortgage Association v. Jeffrey D. Robinson, John Doe
Minn. Ct. App. 2014
may be raised at anytime.” d 208, 212 (Minn. App. 2003).
- Builders Ass'n v. City of St. Paul 819 N.W.2d 172 Minn. Ct. App. 2012
- Builders Ass'n v. City of St. Paul 819 N.W.2d 172 Minn. Ct. App. 2012
- In Re Appeal of Decision of Commissioner of Human Services 725 N.W.2d 114 Minn. Ct. App. 2006
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In Re Appeal of Decision of Commissioner of Human Services
725 N.W.2d 114
Minn. Ct. App. 2006
Appellant relies heavily upon Carlisle and two cases involving trusts created prior to 1992 and enactment of Minn.Stat.
- In Re Estate of Mealey 695 N.W.2d 143 Minn. Ct. App. 2005
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In Re Estate of Mealey
695 N.W.2d 143
Minn. Ct. App. 2005
“Whether a party has standing is a question of law that appellate courts review de novo.”