Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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Dr. Eric Steffen v. Scott Uttley, et al
Minn. Ct. App. 2022
(holding that appellant had not preserved a position when she “never contended” that position in the district court).
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In re the Marriage of: Matthew James Beland v. Heidi Ann Beland, and Polk County
Minn. Ct. App. 2022
App. P. 110.01 (“The appellate record is limited to “documents filed in the trial court, the exhibits, and the transcript of the proceedings, if any”); - 83 (“An appellate court may not base its decision on matters outside of the re cord on appeal , and may not consider matters not produced and received in evidence below”).
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In re the Marriage of: Elizabeth Ann Jones Chidothe v. Edward Chidothe
Minn. Ct. App. 2022
See Thiele v. Stich , (noting that appellat e courts generally address only those questions previously presented to and considered by the district court); (applying Thiele in a family -law appeal).
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Julie Costello v. Fond du Lac Reservation, Department of Employment and Economic Development
Minn. Ct. App. 2022
(stating that an appellate 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)).
- Joseph Eilefson v. Park Nicollet Health Services Minn. Ct. App. 2022
- Maureen McCulloch v. William K. Swanstrom, Department of Employment and Economic Development Minn. Ct. App. 2022
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Samiira Husein v. University of Minnesota, Department of Employment and Economic Development
Minn. Ct. App. 2022
denied (June 21, 2022) ( in context of ULJ proceeding).
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Asha Ahmed v. Nicollet County Health and Human Services, Jodi Harpstead - Commissioner of Human Services
Minn. Ct. App. 2022
(holding that appellate court s generally will not consider matters not argued to and considered by the district court).
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Lance G. Cariveau v. Dakota, Minnesota & Eastern Railroad Corporation
Minn. Ct. App. 2022
(stating that appellate courts generally address only those issues presented to and considered by district court ).
- In re the Marriage of: Heather Elizabeth Wray-Isquierdo v. Christian Matthew Isquierdo Minn. Ct. App. 2022
- In the Matter of: Julie Heaver Minn. Ct. App. 2022
- In the Matter of the Welfare of the Children of: S. B.-H. L. and W. A. T., Parents Minn. Ct. App. 2022
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Ronald Jeffrey Smith v. Brian Robert Kessen, et al
Minn. Ct. App. 2022
A party may not “obtain review by raising the same general issue litigated below but under a different theory.”
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In the Matter of Brita Johanna Springstead, on behalf of minor child v. Roberto Menchaca Garcia
Minn. Ct. App. 2022
See Thiele v. Stich , (noting that, on appeal, an appellant ca nnot use a new theory to argue an issue that was presented to the district court); Vangsness v. Vangsness , - 78 (Minn. App. 2000) (citing this aspect of Thiele in a family law case).
- Martin Matthew Lange v. Drew Evans, Superintendent, Bureau of Criminal Apprehension Minn. Ct. App. 2022
- In re the Marriage of: Catrina M. Rued v. Joseph D. Rued Minn. Ct. App. 2022
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State of Minnesota v. Norbert Pius D’Cruz
Minn. Ct. App. 2022
The state argues that D’Cruz “forfeited the argument by failing to raise it below.” (stating that appellate courts do not address issues raised for the first time on appeal).
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Pamela Maslowski v. Prospect Funding Partners LLC, et al., vs. James Schwebel, Esq., et al
Minn. Ct. App. 2022
See Thiele v. Stich , (“A reviewing court must generally consider only those issues that the record shows were presented and consi dered by the [district] court in deciding the matter before it.” (quotation omitted)).
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In the Matter of: Mara Jareth Butler, and on behalf of minors v. Andrew John Jakes
Minn. Ct. App. 2022
see Aljubailah v. James , (applying this aspect of Thiele in an OFP appeal).
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In re the Estate of: Joann Roselia Gregory, aka JoAnn R. Gregory and aka JoAnn Gregory, Deceased
Minn. Ct. App. 2022
(stating that appellate courts generally refuse to address matters not previously presented to and considered by the district court).
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State of Minnesota v. Aaron Morris Swenson
Minn. Ct. App. 2022
App. P. 110.01; -83 (Minn. 1988); rev. denied (Minn. July 19, 2005).
- Wayne O’Connor (A21-1313) (A21-1320) v. Byron O’Connor (A21-1313) (A21-1320) Minn. Ct. App. 2022
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In the Matter of: Eden Tesfaye
Minn. Ct. App. 2022
(applying Thiele in a certiorari appeal).
- Aaron Wesser v. State Farm Fire and Casualty Company Minn. Ct. App. 2022
- Estate of William L. Pickett v. Rick Howell, Will Hague Minn. Ct. App. 2022
- State of Minnesota v. Carlos Antonio Banegas Rodriguez Minn. Ct. App. 2022
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Allison Schaber v. Ramsey County, Minnesota State Retirement System, et al
Minn. Ct. App. 2022
“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.” Thiele v. Stich , -83 (Minn. 1988).
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Roger Reyes Victoria v. Long Prairie Packing Company Inc., Department of Employment and Economic Development
Minn. Ct. App. 2022
(stating that an appellate court “must genera lly consider only those issues that the record shows were presented and considered by th e trial court in deciding th e matter before it” (quotation omitted)).
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Sharon Powers-Potter v. Data Recognition Corporation, Department of Employment and Economic Development
Minn. Ct. App. 2022
“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); (applying Thiele to a certiorari appeal).
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In re the Marriage of: Lisa Ranelle Appelhof v. Joseph Theodore Appelhof, Jr.
Minn. Ct. App. 2022
Michaels v. First USA Title , LLC, ; see Lewis- Miller v. Ross , (applying this aspect of Thiele in a family law appeal).
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Teamsters Local 320 v. Minnesota Judicial Branch
Minn. Ct. App. 2022
In review ing a district court’s decision, we “must generally consider only those issues that the record shows were presented and considered by the trial court in deciding the matter before it.” Thiele v. Stich , (quotation omitted).
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Katherine Dillard Rice Hayes v. Augustus Conrade Thomas
Minn. Ct. App. 2022
Thiele v. Stich , see also Fiduciary Found., (applying Thiele in an HRO appeal).
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Irv’s Boomin’ Fireworks, LLC, et al v. John J. Muhar, et al
Minn. Ct. App. 2022
Thus, because of the limited record, we too decline to address appellants’ arguments about the definition of “shipment.” (“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.”).
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State of Minnesota v. T. A. W
Minn. Ct. App. 2022
(stating that reviewing court considers issues that were presented and considered by the district court).
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Peter Gerard Lonergan v. Nancy Johnston, et al
Minn. Ct. App. 2022
(“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 Application of Timothy D. Moratzka, Trustee of the Nancy L. Mayen Residual Trust
Minn. Ct. App. 2022
d 580, 582 (Minn. 1988).
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In re the Marriage of: Jeannine Colleen Scott Salchow, n/k/a Jeannine Colleen Farnsworth v. Kenneth Joe Salchow, Jr.
Minn. Ct. App. 2022
But an appellate court “cannot base its decision on matters outside the record on appeal.” -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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Tuckborough Farm Homeowners Association, Inc. v. John W. Lang, et al
Minn. Ct. App. 2022
Thiele v. Stich , (stating that appellate courts generally address only those issues presented to and considered by the district court).
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In re the Marriage of: Donald Wayne Leeke v. Susan Lynn Webb Leeke, n/k/a Susan Lynn Leeke
Minn. Ct. App. 2022
d 580, 582 (Minn. 1988) (stating that appellate courts generally consider only those questions previously presented to and considered by the district court); see State, Dep’t of Labor & Indus.
- In re the Custody of: C. W. P.; William James Peck v. Jodie Sue Simonette, and County of … Minn. Ct. App. 2022
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Teresa Ward v. Delta Airlines, Department of Employment and Economic Development
Minn. Ct. App. 2022
See Thiele v. Stich , (stating that reviewing court will generally consider only issues that were presented and considered below and that parties may not obtain review by raising a different theory on appeal); Peterson v. Ne.
- Amanda Emele v. Felix Emele Minn. Ct. App. 2022
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Tesfaye Shikur v. Eric Halverson, et al
Minn. Ct. App. 2022
(stating that this court generally does not consider arguments that were not presented to and considered by the district court).
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In re the Marriage of: Michelle Grace Friesen v. Joshua David Friesen
Minn. Ct. App. 2022
He presented neither this argument nor supporting evidence of this assertion in the district court, we will not generally address arguments raised for the first time on appeal.
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Chad Henry Lee Jackson v. Commissioner of Public Safety
Minn. Ct. App. 2022
(“A specific objection is required to preserve the issue for appeal.”); see also Thiele v. Stich , (stating that the reviewing court generally only considers issues that were presented and considered by the lower court).
- In the Matter of the Civil Commitment of: David Austin Russell Minn. Ct. App. 2022
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State of Minnesota v. Frederick Duane Fisher
Minn. Ct. App. 2022
See Steward v. State , (“A reviewing court must 10 generally consider only those issues that the record shows were presented and considered by the trial court.” () ).
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Derrick D. Turner v. MG McGrath, Department of Employment and Economic Development
Minn. Ct. App. 2022
(stating that appellate courts generally address only those issues previously presented to and considered by the district court, to include key facts supporting legal arguments).
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Craig Scherber & Associates, Inc. v. Matt Bullock Contracting Co., Inc.
Minn. Ct. App. 2022
The first two arguments were not raised to the district court and are thus forfeited, Thiele v. Stich , and the third was first ra ised in Bullock’s reply brief and is thus also forfeited, Moorhead Econ.
- In the Matter of the Licensing Order Issued to Gaffney Construction LLC, and Steven Gaffney, Individually Minn. Ct. App. 2022