Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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In re the Custody of: A. L. D., Michael Anthony Davis v. Amanda Lee Lewis
Minn. Ct. App. 2020
The di strict court concluded that this factor favored relocation, finding that mother’s j ob in Nevada would allow her to work fewer court, the exhibits, and the transcript of the proceedings, if any, shall constitute the record on appeal in all cases.”); Thiele v. Stich , - 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.”).
- In re: Request for Records by Amina Mohamed Minn. Ct. App. 2020
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Gary Allen Jensen v. 1985 Ferrari - plt 391-957 - VIN# ZFFUA12A9F0057043
Minn. Ct. App. 2020
See Thiele v. Stich , -83 (Minn. 1988).
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Irv’s Boomin’ Fireworks, LLC, et al v. John J. Muhar, et al
Minn. Ct. App. 2020
“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.” Thiele v. Stich , (quotation omitted) ; see also N. Star Int’l Trucks, Inc. v. Navistar, Inc. , (noting this court’s role as “an error-correcting court”).
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Roger D. Anderson v. Cheryl Kaliszewski
Minn. Ct. App. 2020
See Thiele v. Stich , (stating that appellate courts will generally not consider matters not considered the district court).
- State of Minnesota v. Raymond Joseph Traylor Minn. Ct. App. 2020
- In re the Marriage of: Jane Ann Holm v. Stephen Edward Kuske Minn. Ct. App. 2020
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Terrance Friend v. Jodi Harpstead, et al
Minn. Ct. App. 2020
See Thiele v. Stich , (holding that reviewing courts may only consider “issues that the record shows were presented and considered by the trial court.”).
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Meagan Abel,
Minn. 2020
Pomush v. McGroarty , (rejecting a plaintiff’s attempt to raise a new theory of negligence on appeal).
- County of Wright v. Robin Ann Schiel, Korie Allan Schiel Minn. Ct. App. 2020
- In re the Marriage of: Donald Henry Off v. Sandra Lee Off, n/k/a/ Sandra Lee Dodgson Minn. Ct. App. 2020
- Bert Lawrence Pexsa, et al v. Disabled American Veterans of Minnesota Foundation Minn. Ct. App. 2020
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In re the matter of: Eric Thurman Clinton v. Gabriela Kathleen Linder
Minn. Ct. App. 2020
(“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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In the Matter of: Kathryn Marie Larson, on behalf of Minor Child v. Keith Norman Marohn
Minn. Ct. App. 2020
testif y in court.” Appellant contends that “[t]he attorney for [respondent] approached, ques tioned, and harassed the witnesses for the Appellant about their upcoming testimony in the courtroom hallway.” “A reviewing court must generally consider only those issues that the record shows were presented and considered by the trial c ourt in deciding the matter before it.”
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State of Minnesota v. Lysa Kaye Conner
Minn. Ct. App. 2020
d 580, 582-83 (Minn. 1988).
- Timberwall Landscape & Masonry Products, Inc. v. DRMP Concrete Limited Liability Company, Anton Klochko, et al., Associated Bank … Minn. Ct. App. 2020
- State of Minnesota v. Frankie Dylan Dircks Minn. Ct. App. 2020
- Jeremy D. Mount v. Allana M. Mount Minn. Ct. App. 2020
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Tevin Marcel Bellaphant v. State of Minnesota
Minn. Ct. App. 2020
d 580, 582-83 (Minn. 1988) (holding appellate court must base its decision on evidence filed with the district court and found in the record on appeal); d 539, 549 (Minn. App. 1992) (denying a motion to strike a letter when it had been filed in district court and was a part of the appellate rec
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Mary Ellen Spinler, et al v. City of Brownsdale
Minn. Ct. App. 2020
(providing that appellate courts may consider issues presented to th e district court).
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In re the Marriage of: Ariel Theresa Bedner, n/k/a Ariel Theresa Wright v. Todd David Bedner
Minn. Ct. App. 2020
(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)).
- Larry E. Reed v. The Highlands of Edinburgh Sixth Association, ACI Properties, LLC Minn. Ct. App. 2020
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Washington County CDA v. Evelyn Baker, Anna Baker
Minn. Ct. App. 2020
First, “[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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Amos Mast, et al v. County of Fillmore, Minnesota Pollution Control Agency
Minn. Ct. App. 2020
ara Heger, testified that numerous published studies indicate that there are potentially milli ons of bacteria and viruses present in 100 5 The MPCA argues that this issue regard ing the proper characterization of the government’s
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Gerald L. Trooien v. Talon OP, L.P., et al
Minn. Ct. App. 2020
d 580, 582 (Minn. 1988).
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Nancy Leppink, Commissioner of the Minnesota Department of Labor and Industry, et al v. Water Gremlin Company
Minn. Ct. App. 2020
Dist., ISD No. 13 , (citing Thiele v. Stich , ); see also Thayer v. Am.
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North Mill Equipment Finance, LLC v. Gruz Boga, LLC and Third Party Plaintiff, Petro Siruk and third party …
Minn. Ct. App. 2020
-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 receive d in evidence below.”).
- In re the Marriage of: Ayano Eto Baylor v. Christopher Gary Baylor Minn. Ct. App. 2020
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State of Minnesota v. Mark Andrew Huyber
Minn. Ct. App. 2020
“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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Andrew Cusick, et al v. Mozey’s Concrete & Masonry Inc., and SullivanDay Construction, Inc./third-party plaintiffs, vs. Demo Unlimited, …
Minn. Ct. App. 2020
(“[A] party [may not] obtain review by ra ising the same general issue litigated below but under a different theory.”).
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State of Minnesota v. Angela Lorraine Loose
Minn. Ct. App. 2020
(expl aining that a party may not “rais[e] the same general issue litigated below but under a different theory”).
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Robert Grado v. Integrated Office Solutions Inc.
Minn. Ct. App. 2020
And a party cannot raise a new issue on appeal, “[n]or may a party obtain 14 review by raising the same general issue litigated below but under a different theory.” d 288, 293 (Minn. 2017).
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In re the Custody of: C.A.M., Cody A. Myers v. Jessica D. Cook, n/k/a Jessica D. Hartger, County …
Minn. Ct. App. 2020
Cf. Antonson v. Ekvall , (holding claim not before district court when “the pleadings were general enough to have possibly made out a claim on that theory, [but] there was no language in the complaint that would alert anyone to a claim” based on that theory).
- Snap Fitness, Inc. v. Garrett Marshall, Xponential Fitness, LLC Minn. Ct. App. 2020
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In the Matter of the Welfare of the Child of: F. M. and M. D. G., Parents
Minn. Ct. App. 2020
(“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)).
- Ransford Frimpong v. Taylor Ridge 26 LLC and third-party plaintiff, vs. Taylor Ridge Condominium Association, Inc., et al., … Minn. Ct. App. 2020
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Catherine Marie Schaefer v. Brock William Fredin
Minn. Ct. App. 2020
(holding that appellate courts generally will not consider matters not argued to and considered by the district court).
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Andre Agee v. City of Minneapolis, et al
Minn. Ct. App. 2020
(declining to address a constit utional issue raised for the first time on appeal from a termination of parental rights).
- Paul Stepnes v. Beth Trautman, et al Minn. Ct. App. 2020
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In re the Estate of: Frank Joseph Soboleski, Deceased, and In re the Estate of: Renee Maxine Soboleski, …
Minn. Ct. App. 2020
see also Dean v. City of Winona , d 1, 8 (Minn. 2015).
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John Patrick Becker v. Pablo Murillo
Minn. Ct. App. 2020
Thiele v. Stich , (stating that an appellate court will not consider issues not raised to the district court).
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Jessica Lin Love, n/k/a/ Jessica Lin Lopez Love v. Edward Love, Jr.
Minn. Ct. App. 2020
d 580, 582 (Minn. 1988) (declining to consider issue not previously presented below).1 Affirmed.
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Midland Funding LLC, et al v. Joy Ford
Minn. Ct. App. 2020
See Thiele v. Stich , (st ating that a “reviewing court must generally consider only those issues that the record shows were presented and considered by the [district] court”).
- Andrew Cilek, et al., Minn. 2020
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Garrett Thomas Cekalla v. Commissioner of Public Safety
Minn. Ct. App. 2020
See Thiele v. Stich , (“[Appellate courts] will not consider the applicability of [a legal theory] on appeal, even though the question was raised below, if it was not [co nsidered] by the [district] court.” (quotation omitted)).
- Randall Rahn v. Midway Farm Equipment, Inc., Department of Employment and Economic Development Minn. Ct. App. 2020
- In re the Matter of the Welfare of the Child of: T. T. and T. Z., Sr., Parents Minn. Ct. App. 2020
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In re the Marriage of: Lisa Marie Winkowski v. J. Vincent Winkowski
Minn. Ct. App. 2020
App. P. 110.01 (defining the record on appeal); - 83 (Minn. 1988) (stating that the appellate court may not consider matters not received in evidence below).
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A19-1405 A19-1406 In re the Guardianship of: Tressa M. Retz, (A19-1400), Kadynce M. Retz, (A19-1404), Chester A. Retz, …
Minn. Ct. App. 2020
(holding that an appellate court generally will not consider matters not argued to and considered by the district court ).
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In re the Marriage of: Richard T. Hudgins v. Margaret Foster Hudgins
Minn. Ct. App. 2020
(noting that an appellate court generally will not consider matters not argued to and considered by the district court).