Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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Aspenwood Condominium of Duluth, Inc. v. PMA Companies, member of the Old Republic Insurance Group
Minn. Ct. App. 2022
Because this court generally does not review issues not presented to and considered by the district court, we decline to reach this issue.2
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In re the Matter of: Josie Marie Martin v. Justin Michael Martin
Minn. Ct. App. 2022
Generally, appellate courts address only “tho se issues that the record shows were presented to and considered by the trial court in deciding the matter before it.” (quotation omitted); see Aljubailah v. James , 903 N.W.
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Patti Amanda’s Inc. v. City of Biwabik, et al
Minn. Ct. App. 2022
See Thiele v. Stich , -83 (Minn. 1988) (explaining that appellate courts “may not consider matters not produced and received in evidence below”).
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In re the Marriage of: Jessica Elizabeth Solinsky, n/k/a Jessica Elizabeth Grimm v. Joseph Clark Solinsky
Minn. Ct. App. 2022
-83 (Minn. 1988); (citing Thiele in a family law appeal); see also Minn. R. Civ.
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State of Minnesota, Minnesota Judicial Branch v. Teamsters Local 320
Minn. Ct. App. 2022
(stating that appellate courts should generally only review questions that the district court heard and considered).
- In the Matter of the Welfare of the Child of: A. D. B. f/k/a A. D. H. (Mother) … Minn. Ct. App. 2022
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Aspen Builders and Remodelers, Inc. v. Shauna Raisch, et al
Minn. Ct. App. 2022
(holding that appellate courts generally consider only issues that were presented to and considered by the district court).
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In Re the Custody of: KCDC DOB 1-9-2018, Kristin Annette Vanderheyden, et al v. Brittany Joyce Simon, Dannie …
Minn. Ct. App. 2022
n.3 (Minn. 2019) (declining to address an argument first raised at oral argument, stating that “[w]e generally will not consider arguments raised fo r the first time on appeal”) (quoting Hegseth v. Am.
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In re the Estate of: Robert J. Hansen, Deceased
Minn. Ct. App. 2022
We “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 Hoyt Inv.
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In re the Marriage of: Emily Kay Stilwagon v. Shawn Bradford Stilwagon
Minn. Ct. App. 2022
First, a “reviewing court must generally consider only those issues that the record shows were presented and considered by the [district] court.”
- Eric John Henderson-Bey v. State of Minnesota Minn. Ct. App. 2022
- Mary Skarsten-Dinerman v. Milton Skarsten Living Trust Minn. Ct. App. 2021
- Mark Arnold Wadekamper v. Commissioner of Public Safety Minn. Ct. App. 2021
- Candi Lemarr v. Brown County Minn. Ct. App. 2021
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In the Appeal of Jared Cunningham re: DHS Appeal for Maltreatment of a Minor
Minn. Ct. App. 2021
(holding a reviewing court generally considers only issues presented and considered by the district court).
- In re the Guardianship and Conservatorship of: Olga Z. Chorolec Minn. Ct. App. 2021
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All, Inc. v. Christopher Hagen, Fair & Square Remodeling LLC, et al
Minn. Ct. App. 2021
“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).
- James Johanning v. Summit Orthopedics, Ltd. Minn. Ct. App. 2021
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Michael Olson v. Schneiderman’s Furniture Inc., Department of Employment and Economic Development
Minn. Ct. App. 2021
(“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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City of Long Prairie v. Ronald J. Schneider
Minn. Ct. App. 2021
We 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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State of Minnesota v. Aleksandr Viktorovich Lelyukh
Minn. Ct. App. 2021
(stating that a revi ewing court should only consider issues that were presented and considered by the district court).
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Myth Live II, Inc. v. City of Maplewood
Minn. Ct. App. 2021
(stating that the reviewing c ourt may address only issues “presented to and considered by” the district court).
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Dianne Strohmayer v. A&E Care Services, Department of Employment and Economic Development
Minn. Ct. App. 2021
Thiele v. Stich , see also Peterson v. Ne.
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Town of Denmark v. Kenneth C. Cordes, et al., DZ Trucking LLC, et al
Minn. Ct. App. 2021
Because our review is limited to the record in the district court, see Thiele v. Stich , the Cordeses’ argument of intentional misconduct is unavailing.
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Gloria Fritz v. Daphne Elaine Brown
Minn. Ct. App. 2021
But we do not address arguments raised first on appeal, and Brown did not raise the argument at trial.
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In the Matter of the Welfare of the Children of: C. E. N. and B. C. K., Parents
Minn. Ct. App. 2021
9 matter before it.” (quotation omitted); (applying Thiele on appeal from a termination of parental rights).
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Donovan Casey v. Wash N Fill Express of New Brighton, Inc., Department of Employment and Economic Development
Minn. Ct. App. 2021
See Thiele v. Stich , (declining to address issues raised for the first time on appellate review).
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In the Matter of the Welfare of the Child of: R. R. B., Commissioner of Human Services, Legal …
Minn. Ct. App. 2021
“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.” (quoting Thayer v. Am.
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In re the Trust of Lawrence B. Schwagerl Trust Under Agreement Dated April 9, 1999
Minn. 2021
We have said that we will not “consider the applicability” of a statute “if it was not passed on by the trial court.”
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In the Matter of the Welfare of the Child of: H.-M. E. R. and R. N. N., Parents
Minn. Ct. App. 2021
(applying Thiele on appeal from a termination of parental rights).
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In re the Matter of the Child of: S. S. N., k/n/a S. S. T. and P. J. …
Minn. Ct. App. 2021
see also In re Welfare of Children of M.L.S., ___ N.W.2d ___, ___, 2021 WL 2640559, at *7 n.5 (Minn. App. June 28, 2021) (applying Thiele in juvenile-protection proceeding).
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Gary Gruett v. Victoria Labriola, et al
Minn. Ct. App. 2021
(stating “a party may not raise an issue or argument for the first time on appeal” (quotation omitted)).
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In re SSTS Soil Dispute Resolution
Minn. Ct. App. 2021
-79 (Minn. App. 2007) (-583 (Minn. 1988).
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In re the Marriage of: David Gordon Wingad v. Janet Marie Wingad
Minn. Ct. App. 2021
See Thiele v. Stich , (applying this aspect of Thiele in a family-law appeal).
- Peggy J. Green v. Hazelden Foundation, Department of Employment and Economic Development Minn. Ct. App. 2021
- Timothy Soboleski, Individually and as Personal Representative of the Estate of Frank Soboleski, Patrick Frank Soboleski, et al … Minn. Ct. App. 2021
- Minnesota Bank & Trust v. 11 Water LLC, et al., David Jon Monson Minn. Ct. App. 2021
- Mark Lange v. Roger Olson Minn. Ct. App. 2021
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In re the Marriage of: County of Isanti, Olivia Cecile Margaret Voss v. Christopher James Grecula
Minn. Ct. App. 2021
See Thiele v. Stich , (stating that, generally, appellate court address only th ose questions presented to a nd considered by the district court).
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Trevor Hogan v. O’Laughlin Trucking & Excavating, Mechanical LLC, Department of Employment and Economic Development
Minn. Ct. App. 2021
Thiele v. Stich , d 580, 582 (Minn. 1988).
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Arthur Township v. Donald Sauve, Haley Sauve
Minn. Ct. App. 2021
We are “bound to 6 the [district] court record” and “ may not consider matters not produced and received in evidence below.” -83 (Minn. 1988).
- State of Minnesota v. Ashley Rose Askvig Minn. Ct. App. 2021
- In re the Guardianship of: Ryan Van Huyen Minn. Ct. App. 2021
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Pilot Air Freight, LLC v. Adam Trenberth, et al
Minn. Ct. App. 2021
But “[a]n appellate court may not base its decision on matters outside the record on appeal, and may not consider matters not produced and received into evidence below.” (-83 (Minn. 1988)), rev. denied (Minn. May 16, 2000).
- State of Minnesota v. David William Reynolds Minn. Ct. App. 2021
- The Gables at the Reserve Homeowners Association v. Midwest Family Mutual Insurance Company Minn. Ct. App. 2021
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Lighthouse Management Inc. v. Oberg Family Farms, et al., American Federal Bank, Gateway Building Systems, Inc., CITYWide Electric, …
Minn. Ct. App. 2021
“An appellate court ma y not base its decision on matters outside the record on appeal, and may not consider matters not pr oduced and received in evidence below.” Thiele v. Stich , -83 (Minn. 19 88).
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Heather Mary Zigan v. Louis Leroy Gray
Minn. Ct. App. 2021
See Thiele v. Stich , (stating that appellate courts generally do not address matters nor previously presented to and considered by the district court); Fiduciary Found., LLC ex rel.
- In re the Matter of: Brooks J. Waldron v. Uneica Nicole Garrett Minn. Ct. App. 2021
- In the Matter of the Civil Commitment of: Brad Ronald Stevens Minn. Ct. App. 2021