Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
- In the Matter of the Welfare of the Child of: J. M. B. and J. W., Parents Minn. Ct. App. 2021
- Kevin Makowski, et al v. Children’s Minnesota, The Children’s Heart Clinic, Children’s Respiratory & Critical Care Specialists Minn. Ct. App. 2021
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William Wilson v. Northern Pines Mental Health Center Inc., Department of Employment and Economic Development
Minn. Ct. App. 2021
(stating that appellate courts generally 6 will not consider matters not argued to and considered by the district court); Hentges v. Minn. Bd.
- State of Minnesota v. Joseph Harold Specht Minn. Ct. App. 2021
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Joel Leslie Wells v. Jeffrey Fischbach
Minn. Ct. App. 2021
(stating that an appellate court will generally not consider matters not presented to and considered by the district court).
- Andrew Olson v. County of Dakota, et al Minn. Ct. App. 2021
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In the Matter of the Welfare of: C. R. M., Child
Minn. Ct. App. 2021
(holding appellate courts “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 Child of: J. R. W., Parent
Minn. Ct. App. 2021
Generally, a reviewing court “will not address constitutional issues that were not raised before the district court.” D.F., d at 97; (declining to address issues raised for the first time on appellate review).
- In re the Marriage of: Winston Trevor Leak v. Helena Lee Leak Minn. Ct. App. 2021
- In the Matter of the Kurt A. Amplatz Funding Trust Dated April 11, 2014, as Amended (A21-0034) and … Minn. Ct. App. 2021
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State of Minnesota v. Abdirahman Jama Ali
Minn. Ct. App. 2021
1 Ali also argues for the first time on appeal that law enforcement “unlawfully expanded the traffic stop of the vehicle Mr. Ali was driving to a warrantless, no-consent unlawful search.” Because “[a] reviewin g 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,” (M inn.
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Charlene Y. Latham v. Progressive Preferred Insurance Company, et al
Minn. Ct. App. 2021
Genera lly, this court “may not consider matters not produced and received in evidence below.” Thiele v. Stich , -83 (Minn. 1988).
- Mary Jane Gross v. Prestige Parking & Valet LLC Minn. Ct. App. 2021
- Michelle A. Krawczyk v. Gregory Scott Aberle, f/k/a Gregory Scott Peterson Minn. Ct. App. 2021
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Eric Ringsred, Respect Starts Here, State of Minnesota v. Duluth Economic Development Authority, et al
Minn. Ct. App. 2021
(indicating that courts need not address questions raised b ut “not passed on by the [district] court” (quotat ion omitted)).
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Mid Country Tower Services v. Cemstone Products Company
Minn. Ct. App. 2021
d 580, 582 -83 (Minn. 1988).
- In re the Custody of Derek Mausolf and Claire Mausolf, Nicholas Mausolf v. Ashley Heglund Minn. Ct. App. 2021
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In the Matter of the Welfare of the Children of: M.L.S., C.V.R., and P.H., Commissioner of Human Services, …
Minn. Ct. App. 2021
(applying this aspect of Thiele in a juvenile-protection appeal).
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In re the Marriage of: Katherine Ella Hoene v. Matthew Arnold Kramar
Minn. Ct. App. 2021
See Thiele v. Stich , Aljubailah on behalf of A. M. J. v. James , d 638, 643 (Minn. App. 2017) (applying Thiele in affirming a district court’s grant of an OFP).
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In re the Estate of: Joann Roselia Gregory, aka JoAnn R. Gregory and aka JoAnn Gregory, Deceased
Minn. Ct. App. 2021
(“A reviewing court must generally consider ‘only those issues that the dispose of the estate property in a manner “consistent with the best interests of the estate.” Minn. Stat. § 524.3-703(a).
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Charles Carlson v. Faribault County Drainage Authority, et al
Minn. Ct. App. 2021
(“Time limits on appeals are jurisdictional.”) Because of this, and because appellate courts generally will not consider issues raised for the first time on appeal, we decline to address Carlson’s argument that the drainage authority’ s 2016 repair order violated the statutory requirements for a repair proceeding.
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In the Matter of Robert Estelle’s Termination of Section 8 Benefits
Minn. Ct. App. 2021
“A reviewing court must generally consider only those issues that the record shows were presented and considered by the [lower tribunal] in deciding the matter before it.” (quotation omitted).
- Patricia Klug, et al v. Robert Ellenz, et al Minn. Ct. App. 2021
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Capacity Wireless, LLC v. Board of Regents of the University of Minnesota
Minn. Ct. App. 2021
The moving party has the burden to “demonstrate no genuine issue of material fact exists.”
- Pharaoh El-Forever Left-i Amen El v. Jeff Titus, et al Minn. Ct. App. 2021
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State of Minnesota v. Buomkuoth Gatluak Puot Well
Minn. Ct. App. 2021
(stating that only those issues presented and considered by the district court may be considered on appeal).
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William Miller v. Public Storage, a foreign Real Estate Investment Trust and third-party plaintiff, vs. Penelope Isleman, third-party …
Minn. Ct. App. 2021
3 Finally, appellants argue that “provisions in consumer contracts that are contrary to the representations or practices of the seller cannot serve as defenses to consumer fraud claims.” Respondent asserts that this argument was never raised to the district court and is therefore not properly before this court, and appellants do not oppose this assertion in their reply brief.
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William Gunder Reppe Jr. v. Karen Beckers Reppe
Minn. Ct. App. 2021
(stating that appellate review is limited to issues presented to and decided by the district court).
- In re the Marriage of: Rupam Sinha v. Deepak Kademani Minn. Ct. App. 2021
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Paul Nelsen, Peter Nelsen, et al., individually and as interested persons for the benefit of the Estate of …
Minn. Ct. App. 2021
Accordingly, (“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)).
- Nathan Mead, Amy Mead v. BNSF Railway Company, Ture Lee on related appeal, and BNSF Railway Company vs. … Minn. Ct. App. 2021
- Thomas M. Fafinski v. Douglas Johnson Minn. Ct. App. 2021
- State of Minnesota, ex rel. Gumdel Nygare Gilo v. Paul Schnell, Commissioner of Corrections Minn. Ct. App. 2021
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Tunde Oni v. Target Corporation
Minn. Ct. App. 2021
In reviewing a district court’s decision, the court of appeals “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. Terrell Elijah Owens
Minn. Ct. App. 2021
Thiele v. Stich , d 580, 582 (Minn. 1988).
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Scot A. Lacek v. Evolutionary Systems Corp
Minn. Ct. App. 2021
See Thiele v. Stich , (“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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Robert Jensen, et al v. Carl Rindelaub, et al
Minn. Ct. App. 2021
address the question of potential unfair prejudice, the issue is not properly before us. See Thiele v. Stich , (explaining 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)).
- Patrice Nerad (A20-1111) (A20-1212), and Frederic W. Knaak, et al. Appellants (A20-1212) v. Martin Chalupa, et al., Edina … Minn. Ct. App. 2021
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Free Minnesota Small Business Coalition, et al v. Tim Walz
Minn. Ct. App. 2021
e Orders.” The governor responds that appellants’ argument regarding the imposition of criminal penalties is not properly before this court because it was not raised or addressed in district court.1 “A reviewing court must generally consider only those issues that the record shows were presented and considered by the [district] court in d eciding the matter before it.” (quotation omitted ).
- State of Minnesota v. Antonio Loren Garbow-Hanks Minn. Ct. App. 2021
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Barbara Jacobson v. County of Dakota, Department of Employment and Economic Development
Minn. Ct. App. 2021
(declining to consider a question raised below “if it was not passed on by the” factfinder (quotation omitted)); Peterson v. Ne.
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In re the Marriage of: Alberta Okrah Danso v. Ransford Frimpong
Minn. Ct. App. 2021
Mother brought a motion to increase her parenting time, and father’s appeal was taken from the district court’s grant of that motion; the issue of restricting mother’s (declining to consider matters not argued to and considered by the district court).
- Brothers Fire Protection Co., d/b/a Brothers Fire and Security v. John B Przymus, et al Minn. Ct. App. 2021
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In the Matter of the Welfare of the Children of: K. E. S., M. W. C., and T. …
Minn. Ct. App. 2021
(applying Thiele in a TPR appeal).
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In the Matter of the SIRS Appeal of Community Involvement Programs-FSE
Minn. Ct. App. 2021
See Thiele v. Stich , (explaining that appellate courts generally will not consider new issues on appeal).
- State of Minnesota v. Deandre ONeil Jackman Minn. Ct. App. 2021
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Chue Her v. FGT Cabinetry LLC, Department of Employment and Economic Development
Minn. Ct. App. 2021
Litigants are generally bound on appeal by the theory on which the action was actually tried below, Annis v. Annis , 1 (Minn. 1957), and an appellate court generally will not consider matters not argue d to and considered by the district court, Thiele v. Stich
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In re the Marriage of: Michelle Lee Roberts n/k/a Michelle Lee Freitas v. Todd Mykle Roberts, County of …
Minn. Ct. App. 2021
See Thiele v. Stich , (Mi nn.
- In the Matter of the SIRS Appeal by 1 Best Care, Inc. and 1 Network Care, Inc. Minn. Ct. App. 2021
- Khalif Jama, et al v. Saleban Garbiye, Amal Money Wire, LLC d/b/a Amal Express, et al., and Jamal … Minn. Ct. App. 2021