Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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James M. Carlson v. City of Brainerd
Minn. Ct. App. 2023
-83 (Minn. 1988) (“An appellate court may not base its decision on matters outside the record on appeal, and may not consider matters not produced and received in evidence below.”).
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State of Minnesota v. Joseph Manasseh Johnson
Minn. Ct. App. 2023
This court is “bound to the trial court record.” -83 (Minn. 1988).
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In re the Marriage of: Marilena Elizabeth Hyman v. Sean Michael Hyman
Minn. Ct. App. 2023
-83 (Minn. 1988) (“An appellate court may not base its decision on matters outside the record on appeal.”); Minn. R. Civ.
- In the Matter of the Welfare of the Children of: R. G. B. and B. J. B., Parents Minn. Ct. App. 2023
- In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen, et al Minn. Ct. App. 2023
- Pioneer Apartments LLLP v. Erica Shannon, John Doe, Jane Doe Minn. Ct. App. 2023
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In the Matter of: Ronald Jeffrey Smith v. Brian Robert Kessen, et al
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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Marlene Fearing v. University of Minnesota Medical Center a/k/a M Health Fairview Clinics, and Mayo Clinic of Rochester, …
Minn. Ct. App. 2023
See Thiele v. Stich , (“Actual notice will not subject defendants to personal jurisdiction absent substantial compliance with [Minn. R. Civ.
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Bradley Lewis, et al v. Alpine Homes, Inc.
Minn. Ct. App. 2023
v. Anda, (explaining that, generally, issues not raised or argued in appellant’s principal brief cannot be raised in a reply brief); (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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Joyce Walsh, et al v. Upsher-Smith Laboratories, Inc., John Does 1-50
Minn. Ct. App. 2023
And a party may not “obtain review by raising the same general issue litigated below but under a different theory.” (holding that plaintiffs could not raise a new negligence theory of recovery on appeal).
- Almir Puce v. City of Burnsville, MN., A21-0895, Supreme Court. September 28, 2023. Minn. 2023
- Almir Puce v. City of Burnsville, MN., A21-0895, Supreme Court. September 28, 2023. Minn. 2023
- Minnesota Internship Center v. Minnesota Department of Education Minn. Ct. App. 2023
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Minnesota Internship Center v. Minnesota Department of Education
Minn. Ct. App. 2023
“A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the [decision-maker] in deciding the matter before it.” (quotation omitted); (discussing this forfeiture analysis in right to be determined after an agency hearing”), .63 (authorizing certiorari appeal from a final decision in a contested case), 127A.41, subd.
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In re the Marriage of: Wendy Sue Walker v. Neil Julian Elavsky
Minn. Ct. App. 2023
(stating that appellate courts do not address questions not previously presented to and considered by the district court).
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State of Minnesota v. Donald Mark Gray
Minn. Ct. App. 2023
Generally, “[a] party may not ‘obtain review by raising the same general issue litigated below but under a different theory.’” n.2 (Minn. 2015 ().
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Mark Schwandt v. Park Christian School, Josh Lee, Raymond Kvalvog, American Family Mutual Insurance Company, S.I., Secura Supreme …
Minn. Ct. App. 2023
a short period of time to respond to the Complaint in Intervention.” Generally, this court only considers issues that “were presented and considered by the trial court.”
- Carolina Holdings Midwest, LLC, a Delaware limited liability company, d/b/a Inter-State Lumber v. James A.... Minn. Ct. App. 2023
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Carolina Holdings Midwest, LLC, a Delaware limited liability company, d/b/a Inter-State Lumber v. James A....
Minn. Ct. App. 2023
“It is a well-settled principle that issues not presented at trial cannot be raised on appeal.” n.2 (Minn. 1979) (citations omitted); (this court may consider only issues that the record shows were presented to and considered by the district court; a party may not obtain review by raising the same general issue under a different theory).
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In re the Marriage of: Jacquelyn Ann Costabilo v. Frank Pat Costabilo Jr.
Minn. Ct. App. 2023
Thiele v. Stich , (“A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the trial court in dec iding the matter before it.”) 10 III.
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Mark J. Kallenbach v. Fabrication Station, Inc., Affordable Cabinets and Granite of New Hope and Its Owners, James …
Minn. Ct. App. 2023
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); Ganguli v. Univ.
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Lucas Paul Gilbertson v. One 2019 GMC Yukon, MN License Plate No. ENS673, VIN: 1GKS2CKJ9KR291322
Minn. Ct. App. 2023
(“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)).
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State of Minnesota v. Shoulwin Melbrook Davis
Minn. Ct. App. 2023
See Thiele v. Stich , (noting that appellate court generally will not consider matters not argued to and considered by the district court).
- In the Matter of the Welfare of the Children of: T. B., Mother Minn. Ct. App. 2023
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In the Matter of the Welfare of the Child of: H. E. A. and D. D. C., Jr., …
Minn. Ct. App. 2023
of Coats, (); see In re Welfare of Child.
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Pamela Maslowski,
Minn. 2023
“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.” (citations omitted) (internal quotation marks omitted).
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Cambria Company, LLC v. M&M Creative Laminants, Inc. dba M&M Creative Laminates, Inc. (A22-0723) (A22-0724), Leland P. Schermer …
Minn. Ct. App. 2023
(stating that appellate courts need not consider arguments raised for the first time on appeal).
- David Carl Hepfl v. Jodine Patrice Meadowcroft Minn. Ct. App. 2023
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Makenzie Moore, a minor, by and through her Conservator, First Fiduciary Corporation v. Maple Grove Hospital, Premier OBGYN …
Minn. Ct. App. 2023
(holding that the appellate court improperly considered an issue not litigated during summary-judgment proceedings).
- State of Minnesota v. Jerry Deangelo Williams, Midwest Bonding, LLC Minn. Ct. App. 2023
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681 Properties, LLP v. Numerianus Mulokozi, John Doe, Jane Doe
Minn. Ct. App. 2023
(“A reviewing court must generally consider only the issues that the record shows were presented and considered” by the fact -finder “in deciding the matter before it.”).
- Estate of: Donald J. Kellett, a/k/a Donald Jean Kellett, Decedent Minn. Ct. App. 2023
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Liberte Construction, LLC v. Dustin D. Smith, Wells Fargo Bank, N.A.
Minn. Ct. App. 2023
(concluding that an issue was raised too late when it was raised before the district court but only in a motion for a new trial).
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Kristie Kollmann, et al v. Joseph M. Garding, et al
Minn. Ct. App. 2023
( declining to consider issues raised for the first time on appeal).
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In the Matter of the Welfare of the Children of: M. M. G. and L. T. S., Parents
Minn. Ct. App. 2023
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); In re Welfare of Child.
- In re the Matter of: Sheila Sophia Niaz, OBO C. A. N v. David Dean Niaz Minn. Ct. App. 2023
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Rebecca Lynn Fideldy v. Rose Marie Schumacher
Minn. Ct. App. 2023
See Thiele v. Stich , (stating that party may not “obtain review by raising the same general issue litigated .
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State of Minnesota v. Nathan Christopher Braun
Minn. Ct. App. 2023
d 580, 582 (Minn. 1988) (stating that generally, appellate courts address only those questions 10 previously presented to and considered by the district court); d 354, 357 (Minn. 1996) (applying this principle to a criminal appeal).
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In re the Marriage of: Beverly Denise Kossack v. Kenneth Joseph Kossack
Minn. Ct. App. 2023
(explaining that an appellate court generally will not consider matters not argued to and considered by the district court).
- Jenny Rhoades v. The City of Bloomington, a Minnesota Municipal corporation Minn. Ct. App. 2023
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State of Minnesota v. Jacob Richard Lindekugel
Minn. Ct. App. 2023
(explaining that appellate courts “generally will not decide issues which were not raised before the district court”).
- 2913 29th Avenue South LLC v. Treaunna K. Martin, John Doe, et al Minn. Ct. App. 2023
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Husen A. Guffe v. Wal-Mart Associates, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2023
(stating that reviewing courts generally will consider only issues presented and considered below and that parties may not obtain review by raising a different theory on appeal); Peterson v. Ne.
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Clarence Hightower v. Community Action Partnership of Ramsey and Washington Counties
Minn. Ct. App. 2023
See Thiele v. Stich , (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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Mark Krampf v. University of Minnesota, et al
Minn. Ct. App. 2023
(“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)).
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Charles Matthew Waters v. Anita Marie Waters
Minn. Ct. App. 2023
-83 (Minn. 1988); see also Minn. R. Civ.
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In the Matter of: Gladys Barkey Asiedu v. Michael Kwabena Asiedu
Minn. Ct. App. 2023
(stating that arguments not raised in the proceedings below will not be considered on appeal ).
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In the Marriage of: Alison Brooke Hurst v. William Charles Hurst
Minn. Ct. App. 2023
The district court determined that the children were progressing, healing, and being supported by therapists (stating that appellate courts generally consider only the issues presented to, considered by, and decided by the district court); (declining to address a constitutional issue raised for the first time on appeal from a termination of parent
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In re the Marriage of: Pamela Jo Pemberton v. Stephen Blake Pemberton
Minn. Ct. App. 2023
(stating that this court generally will only review issues “presented and considered by the [district] court in deciding the matter before it”).
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In re the Marriage of: Tabitha Ann Sanborn v. Matthew Charles Sanborn
Minn. Ct. App. 2023
(stating that appellate courts generally will not consider matters not argued to and considered by the district court); Wintz, d at 480; Brodsky, d at 479.