Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
- In the Matter of the Welfare of the Children of: V. R. R. and M. A. H., Parents, … Minn. Ct. App. 2024
- Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
- In re the Marriage of: Chriss O. Latterell v. Mary Jean Latterell Minn. Ct. App. 2024
- Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
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In re the Marriage of: Chriss O. Latterell v. Mary Jean Latterell
Minn. Ct. App. 2024
See, (stating that appellate courts address only those questions previously presented to and considered by the district court); State, Dep’t of Lab.
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In the Matter of the Welfare of the Children of: V. R. R. and M. A. H., Parents, …
Minn. Ct. App. 2024
Assocs., (“[A]n undecided question is not usually amenable to appellate review.”); (“[A] party [may not] obtain review by raising the same general issue litigated below but under a different theory.”).
- Kallys Albert, Sr. v. Chon Xiong, Jared J. Timmer (Progressive Claims Generalist), John Does Minn. Ct. App. 2024
- In the Matter of the Leonard E. Erlandson and Marion L. Erlandson Irrevocable Trust Minn. Ct. App. 2024
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In the Matter of the Leonard E. Erlandson and Marion L. Erlandson Irrevocable Trust
Minn. Ct. App. 2024
(stating that an appellate court must generally limit its review to issues presented to and considered by the district court).
- In re the Estate of: Lavonne Eleanor Kranz, Deceased Minn. Ct. App. 2024
- In re the Estate of: Lavonne Eleanor Kranz, Deceased Minn. Ct. App. 2024
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Tyler Leibfried v. City of Duluth, Department of Employment and Economic Development
Minn. Ct. App. 2024
“A reviewing court must generally consider only those issues that the record shows were presented and considered by the trial court in deciding the matter before it.” (quotation omitted); see also Peterson v. Ne.
- Chase Rovere, et al v. Clifford Ling, et al Minn. Ct. App. 2024
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Chase Rovere, et al v. Clifford Ling, et al
Minn. Ct. App. 2024
(“Nor may a party obtain 7 review by raising the same general issue litigated below but under a different theory.”).
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In Re: R.A. Morin Trust, U/A/D, April 1, 2014, As Amended, and Mark C. Morin, et al v. …
Minn. Ct. App. 2024
(declining to review an issue that was not properly preserved in district court) .
- In re the Marriage of: Robert William Bessenbacher v. Olga Sergeyevna Bessenbacher, Itasca County Minn. Ct. App. 2023
- State of Minnesota ex rel. Ken Elder v. U.S. Bank N. A Minn. Ct. App. 2023
- In the Matter of the Welfare of the Children of: C. M. M. and A. J. M., Parents Minn. Ct. App. 2023
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State of Minnesota ex rel. Ken Elder v. U.S. Bank N. A
Minn. Ct. App. 2023
(stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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In re the Marriage of: Robert William Bessenbacher v. Olga Sergeyevna Bessenbacher, Itasca County
Minn. Ct. App. 2023
We do not consider this argument because a party cannot raise a new issue on appeal or “obtain review by raising the same general issue litigated below but under a different theory.”
- In the Matter of the Welfare of the Children of: C. M. M. and A. J. M., Parents Minn. Ct. App. 2023
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Spring Grove Township v. Brian Myrah, Karen Fried, et al
Minn. Ct. App. 2023
“A reviewing court must gene rally consider only those issues that the record shows were presented and considered by the trial court in deciding the matter before it.” (quotation omitted).
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In re the Marriage of: Natasha Siefker Cook v. Tobin Jack Cook
Minn. Ct. App. 2023
(“A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the trial court in deciding the matter before it.” (quotation omitted)).
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In re the Marriage of: Ephrem Dessie Meheretia v. Rahel Hailu
Minn. Ct. App. 2023
This court considers “only those issues that the record shows were presented and considered by the trial court in deciding the matter before it.” d 580, 582 (Minn. 1988).
- Lagoon Partners, LLC, a Minnesota limited liability company v. Silver Cinemas Acquisition Co., a Delaware corporation, d/b/a Landmark … Minn. Ct. App. 2023
- In the Matter of the Civil Commitment of: Glenn Lee Burton Minn. Ct. App. 2023
- State of Minnesota v. Steven Michael Herrick Minn. Ct. App. 2023
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In the Matter of the Civil Commitment of: Glenn Lee Burton
Minn. Ct. App. 2023
may not consider matters not produced and received in evidence below.” –83 (Minn. 1988).
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State of Minnesota v. Steven Michael Herrick
Minn. Ct. App. 2023
n.2 (Minn. App. 2019) (“[W]e note that a party challenging the constitutionality of a statute must give notice to the Minnesota Attorney General .
- Lagoon Partners, LLC, a Minnesota limited liability company v. Silver Cinemas Acquisition Co., a Delaware corporation, d/b/a Landmark … Minn. Ct. App. 2023
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Thomas Patrick Ness v. Commissioner of Public Safety
Minn. Ct. App. 2023
(stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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Edgard Mariano v. Raiser, LLC
Minn. Ct. App. 2023
See Thiele v. Stich , (stating that appellate courts generally must consider only the issues that the record shows were presented to and considered by the district court in deciding the matter before it.)
- ESA P Portfolio Operating Lessee LLC dba Extended Stay America Suites-Eden Prairie-Valley View Road v. Jessie Lin Minn. Ct. App. 2023
- In the Matter of the Welfare of the Children of: D. L. W., Legal Custodian Minn. Ct. App. 2023
- In the Matter of the Welfare of the Children of: D. L. W., Legal Custodian Minn. Ct. App. 2023
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Sally Cooper Smith v. Steven C. Piechowski, individually and dba SP Trucking, LLC, Northstar Materials, Inc., dba Knife …
Minn. Ct. App. 2023
Regarding the journal articles Smith cites, we note that “[a]n appellate court may not base its decision on matters outside the record on appeal.” Thiele v. Stich , -83 (Minn. 1988).
- Andrew Joseph Haman v. Seth Tyberg Minn. Ct. App. 2023
- In re: Guardianship of Jill Lee Osufsen Minn. Ct. App. 2023
- Eugene C. Banks v. Dakota County Board of Commissioners, et al Minn. Ct. App. 2023
- Eugene C. Banks v. Dakota County Board of Commissioners, et al Minn. Ct. App. 2023
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In re: Guardianship of Jill Lee Osufsen
Minn. Ct. App. 2023
(noting that appellate courts generally address only those questions previously presented to and considered by the district court).
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Andrew Joseph Haman v. Seth Tyberg
Minn. Ct. App. 2023
upon which the action was actually tried below.”); (explaining that appellate courts generally do not consider matters not argued to and considered by the district court).
- In the Matter of the Civil Commitment of: Amy Jeankyoung Oh Minn. Ct. App. 2023
- Robert R. Schroeder Construction, Inc. v. Minnesota Department of Transportation, vs. W. Gohman Construction Co. d/b/a Artistic Stone … Minn. Ct. App. 2023
- Mary Ann Karnowski v. Thomas George Wimmer, et al Minn. Ct. App. 2023
- Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC, et al Minn. Ct. App. 2023
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In the Matter of the Civil Commitment of: Amy Jeankyoung Oh
Minn. Ct. App. 2023
(declining to review an argument that was not considered and decided by the district court); see also In re Civ.
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Mary Ann Karnowski v. Thomas George Wimmer, et al
Minn. Ct. App. 2023
Generally, appellate courts only consider “issues that the record shows were presented and considered by the trial court.” (quotation omitted).
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Thomas Coleman v. City of Stillwater, RMR of Stillwater, LLC, et al
Minn. Ct. App. 2023
Rose Cliff Landscape Nursery, (stating a challenge to a zoning ordinance, not presented to the district court, “will not be considered for the first time on appeal”); (an appellate court will not consider matters not argued to and considered by the district court).
- Robert R. Schroeder Construction, Inc. v. Minnesota Department of Transportation, vs. W. Gohman Construction Co. d/b/a Artistic Stone … Minn. Ct. App. 2023