Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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Donald Steele v. Brent LaFavor, 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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In the Matter of Katie Ann Pyka On Behalf Of Minor Children v. Steven David Pyka
Minn. Ct. App. 2023
Assocs., d 580, 582 (Minn. 1988) (explaining that appellate courts generally address only those questions previously presented to and considered by the district court).
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Nationwide Insurance Company v. Wadena Insurance Company, et al., Matthew J. Fee, Luke A. Buck, John Patrick Gillen
Minn. Ct. App. 2023
owed by Buck.” Nationwide challenges the district court’s decision, arguing first that the district court “committed reversible error in concluding that a golf cart is a vehicle.” But it is well 8 settled that a party may not raise a new issue on appeal, “[n]or may a party obtain review by raising the same general issue litigated below but under a different theory.”
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In re the Marriage of: Oliver Wilfred Cass v. YeYing Cen
Minn. Ct. App. 2023
(holding that a reviewing court only considers issues presented to and considered by the district court).
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Hudson Financial LLC v. City of Eagan
Minn. Ct. App. 2023
(“Nor may a party obtain review by raising the same general issue litigated below but under a different theory.”).
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Ahmad Daniel v. Honeywell International, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2023
See Minn. Stat. § 268.105 (2022) (requiring this court to review the ULJ’s eligibility decision); see also Eley v. Southshore Invs ., Inc., (relying on Thiele v. Stich , and declining to address issues not considered by ULJ ).
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Olson Property Investments, LLC v. Michael Alexander, et al
Minn. Ct. App. 2023
(stating that reviewing courts “generally consider only those issues that .
- In the Matter of the Civil Commitment of: Michael Benson Minn. Ct. App. 2023
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Wells Fargo Bank, N. A v. Port Authority of the City of Saint Paul, Capital City Properties, et …
Minn. Ct. App. 2023
(explaining that an appellate court generally will not consider matters not argued to and considered by the district court).
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In the Matter of the Civil Commitment of: Dana John Thompson
Minn. Ct. App. 2023
(stating that appellate courts typically address only those questions previously presented to and considered by the district court); (applying this aspect of Thiele in a commitment appeal), rev. denied (Minn. Dec.
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Estate of: Stephen D. King, Decedent
Minn. Ct. App. 2023
“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.” - 83 (Minn. 1988).
- State of Minnesota v. Gerald Willy Dixon Minn. Ct. App. 2023
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In re the Marriage of: Matthew Beland, et al v. Heidi Beland NKA Heidi Rylander, Polk County Human …
Minn. Ct. App. 2023
But appellants’ argument that Rylander’s motion for disqualification is a tactic for abuse is being raised for the first time on appeal and, therefore, (stating that appellate courts do not address questions not previously presented to and considered by the district court).
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In re the Matter of: John Erik Ensrud v. Janette Lea Eastman
Minn. Ct. App. 2023
(“A reviewing court must generally consider only those issues that the record shows were presented and considered by the [district] court in deciding the matter before it.” (quotation omitted)).
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Jeffrey D. Kuhn v. Richard G. Dunn, 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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In the Matter of the Welfare of the Children of: N. S. and C. H., Parents
Minn. Ct. App. 2023
d 580, 582-83 (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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Aaron Wesser,
Minn. 2023
(noting that appellate courts generally do not consider issues that were not presented to and considered by the district court).
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A22-0547 Brenda Legred, f/k/a Brenda Godlove v. Brent Legred (A22-0543), and The Estate of Darlene Legred, a/k/a Darlene …
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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Rachel Royer v. Inventiv Health, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2023
Thiele v. Stich , (stating that a party cannot raise a new issue on appeal); Peterson v. Ne.
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In re the Marriage of: Diane Faye Meyer v. Chad Allen Meyer
Minn. Ct. App. 2023
But the record shows that husband did not raise this issue before the district court , and we “generally consider only those issues that the record shows were presented and considered by the [district] court.” (internal quotes omitted).
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Anthony Novak v. Lorie Miller, et al
Minn. Ct. App. 2023
This court generally will only review issues “presented and considered by the [district] court in deciding the matter before it.” (quotation omitted).
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In re the Marriage of: Pawel Dominik Rzeczkowski v. Carolina Uribe Borrero
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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Matthew James Beland (A22-1468) v. Kurtis Rylander, Kurtis Rylander, vs. Matthew Beland (A22-1469)
Minn. Ct. App. 2023
(stating inadequately briefed issues are not properly before an appellate court).
- In re the Marriage of: Antoine Versabeau v. Hana Zewde Mekonnen Minn. Ct. App. 2023
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In re the Marriage of: Timothy Daniel Lorbiecke v. Wendy Leigh Lorbiecke
Minn. Ct. App. 2023
(declining to address a constitutional issue raised for the first time on appeal).
- Elliott Sirota, et al v. Villas of St. Albans Bay Association Minn. Ct. App. 2023
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In re: Estate of Maryetta Louise Andrews
Minn. Ct. App. 2023
(stating that an appellate court generally does not review issues that were not considered and decided by the district court).
- Followed State of Minnesota, Minn. 2023
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In re the Matter of: Elizabeth Joy Glirbas (n/k/a Elizabeth Joy Southwell) v. Joshua Robert Glirbas
Minn. Ct. App. 2023
Appellate courts “generally consider only those issues that the record shows were presented [to] and considered by the [district] court.” (quotation omitted).
- John Robinson, et al v. USAA Minn. Ct. App. 2023
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In re the Matter of: E. M. B., DOB February 14, 2014, Sharo’n Lily Isabella Mathison v. Jacqueline …
Minn. Ct. App. 2023
26, 2017); Thiele v. Stich , (noting a party cannot raise a new issue on appeal, “[n] or may a party obtain review by raising the same general issue litigated below but under a different theory”).
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In re the Marriage of: Gretchen Ann Plombon v. Brandon John Plombon
Minn. Ct. App. 2023
(explaining that appellate courts generally decline to address issues raised for the first time on appeal); (citing Thiele but explaining that appellate courts may consider an issue raised for the first time on appeal in the interest of justice); see
- Justin D. Shackelford v. University of Minnesota, Department of Employment and Economic Development Minn. Ct. App. 2023
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In the Matter of the Petition of: Herman M. Bacchus and Chandra D. Bacchus for an Easement by …
Minn. Ct. App. 2023
Although the movant must demonstrate that no genuine issue of material fact exists, “when the moving party makes out a prima facie case, the burden of producing facts that raise a genuine issue shifts to the opposing party.” (discussing Minn. R. Civ.
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Charles A. Laliberte v. Dollar Tree, Inc., et al
Minn. Ct. App. 2023
(stating that an appellate court will not 10 consider matters not presented to and considered by the district court).
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In re the Matter of: Pamela Jean Anderson, et al v. Amanda Renee Gbeyetin Below, Hountcheme Yelognisse Gbeyetin
Minn. Ct. App. 2023
As such, we could determine that father’s (stating that reviewing courts generally consider only issues presented to and considered by district court); Schoepke v. Alexander Smith & Sons Carpet Co., (“An assignment of error based on mere assertion and not supported by any argument or authorities .
- Ryan Lynch v. Condominiums of Buena Vista, Inc. Minn. Ct. App. 2023
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Fitness International, LLC v. City Center Ventures, LLC
Minn. Ct. App. 2023
(stating that a party cannot raise a new issue on appeal or obtain review by raising an issue litigated below under a different theory ).
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Richard Heggemeyer v. Spalding Township, Berg Family Property, LLC
Minn. Ct. App. 2023
(explaining that appellate courts generally only consider issues that the record shows were presented to and considered by the district court).
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James F. Christie v. Estate of Dilman Christie, et al., Charles Christie, et al
Minn. Ct. App. 2023
Moreover, this court generally considers only those matters “that the record shows were presented and considered by the [district] court in deciding the matter before it.” (quotation omitted).
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Lariat Companies Inc. v. Barbara Wigley, Michael Wigley
Minn. Ct. App. 2023
-83 (Minn. 1988) (stating that an appellate court may not consider matters not raised in the district court).
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Andres Lugo v. ProPharma PV, Inc., et al., Linden Capital Partners
Minn. Ct. App. 2023
(concluding that a reviewing court may only consider issues that were presented and considered by the district court).
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Morex Properties, LLC v. Sauro & Bergstrom, PLLC, Warner Law Office, AllenMax Construction, LLC
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) ; Indus.
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Lisa Stone, on behalf of herself and all others similarly situated v. Invitation Homes, Inc., et al., THR …
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 the Matter of: Joseph Daryll Rued on behalf of minor child v. Catrina Marie Rued, et al
Minn. Ct. App. 2023
“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 .” -83 (Minn. 1988).
- In re the Marriage of: Marisol Jimenez v. Jose de Jesus Jimenez Perez Minn. Ct. App. 2023
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Marcia Swanson v. Denise Wolf
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 Trust of Eva Marie Hanson Living Trust dated December 11, 1995
Minn. Ct. App. 2023
See Thiele v. Stich , (holding that a reviewing court may only consider issues that were presented to and considered by the district court); In re Tr.
- Eric Aaron v. Zachary Aaron, et al., Mortgage Electronic Registration Systems, Inc. Minn. Ct. App. 2023
- In the Matter of the Civil Commitment of: Dale Allen Lindsey Minn. Ct. App. 2023