Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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State of MN, County of Lac qui Parle Below, Danielle Marie Moseng v. Cole Micky Kosbab
Minn. Ct. App. 2026
(stating that appellate courts consider only issues “presented [to] and considered by the [district] court” (quotation omitted)).
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Michelle A. Krawczyk v. Gregory Scott Aberle, f/k/a Gregory Scott Peterson
Minn. Ct. App. 2026
(appellate courts may consider only issues presented to and considered by the district court).
- Richard Preston Blackwell v. Cub Foods, et al Minn. Ct. App. 2026
- Joe Schafer, et al., as Parents and Natural Guardians of Minor W.S. v. Oakwood Community Church Minn. Ct. App. 2026
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Rose Kissner v. Farm Bureau Financial Services
Minn. Ct. App. 2026
(stating reviewing courts generally consider only issues presented and considered by district court).
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Michael Adam Davis v. State of Minnesota
Minn. Ct. App. 2026
App. P. 110.01 (“The documents filed in the trial court, the exhibits, and the transcript of the proceedings, if any, shall constitute the record on appeal in all cases.”); -83 (Minn. 1988) (stating appellate courts “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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Peter Richard Rickmyer v. City of Minneapolis, et al
Minn. Ct. App. 2026
Rickmyer argues that the city’s footcandle calculations were inaccurate and impossible because they were 0.0, but, as respondents observe, (M inn.
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In Re the Custody of L.B.O.; Bibi Whited, et al v. Kenzie Quinn, Tyler Ohman, Rachel Norgaard, et …
Minn. Ct. App. 2026
d 580, 582 (Minn. 1988) (stating that appellate courts address only those questions previously presented to and considered by the district court).
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In re the Marriage of: David Ray Honeman v. Carol Lynn Honeman
Minn. Ct. App. 2026
-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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In the Marriage of: Michaela Dojcinovic Bachmayer v. Kyle Dalke Bachmayer
Minn. Ct. App. 2026
(explaining that appellate courts “must generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it” (quotation omitted)); see also Dieseth v. Calder Mfg.
- MJ aka Elissa Wall v. Warren Jeffs, Seth Jeffs, et al Minn. Ct. App. 2026
- Cynthia Pitchford as Trustee for the Heirs and Next-of-Kin of D-Angelo Pitchford v. Luke A Hunter, Olmsted Medical … Minn. Ct. App. 2026
- In the Matter of the Welfare of: P. K. T., Child Minn. Ct. App. 2026
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In re the Estate of Elaine B Fredericks a/k/a Elaine Beverly Fredericks, Deceased
Minn. Ct. App. 2026
(“A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.” (quotation omitted)).
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In the Marriage of: Kimberly Ann Young v. Charles Wayne Young, Jr.
Minn. Ct. App. 2026
(stating that appellate courts generally do not consider issues not raised or decided during district court proceedings).
- In re the Final NPDES/SDS Permit for 3M Cottage Grove Center Minn. Ct. App. 2026
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Approving the Findings of Fact and Record of Decision for Archer Datacenters Environmental Assessment Worksheet (EAW) and Negative …
Minn. Ct. App. 2026
-83 (Minn. 1988) (“An appellate court may not base its 24 C. Cumulative Potential Effects As a final matter, MCEA contends that the record lacks a sufficient explanation for the city’s determination that there will be no cumulative potential effects and that it instead relied on “bare assertions” on that iss
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Steven A. Franklin v. C&C Logistics, LLC, Department of Employment and Economic Development
Minn. Ct. App. 2026
(stating that an appellate court will not consider matters not argued to and considered by the district court); Peterson v. Ne.
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Frank R. Dropps v. Brunswick Township, et al
Minn. Ct. App. 2026
But we generally do not consider issues that were not presented to and decided by the district court, , and Dropps presents the issue 7 for the first time in his reply brief on appeal, never having raised it in the district court .
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State of Minnesota v. Rahma Abukar Abdi
Minn. Ct. App. 2026
5 By contrast, Abdi conceded in district court that the arrest warrant was “a critical intervening factor that sufficiently attenuates the link between the unlawful [pat-frisk] and discovery of the ID card and drugs.” (stating that, generally, a party may not shift theories on appeal).
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In the Marriage of: Colin Roy Zweber v. Amanda Lee Zweber
Minn. Ct. App. 2026
(“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 re the Marriage of: Margarita Alexandra Johannson v. John Joseph Johannson
Minn. Ct. App. 2026
And she asks this court to set aside longstanding precedent holding that “[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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State of Minnesota v. Angelette Marie Crumble
Minn. Ct. App. 2026
(concluding that issues “lacking in supportive arguments and/or legal authority” are deemed forfeited unless “prejudicial error is obvious on mere inspection” (quotation omitted)); (noting that appellate courts generally consider only issues presented to, considered by, and decided by the district court).5 4 Crumble argues the issue as if our review were de novo.
- In the Matter of the Civil Commitment of: Gustry Lashawn Sailee AKA Gustry Leshan Sailee Minn. Ct. App. 2026
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City of Blaine Police Department v. John Mark Luedtke
Minn. Ct. App. 2026
(“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 Child(ren) of: B.N. and R.H., Parents
Minn. Ct. App. 2026
Appellate courts do not base decisions “on matters outside the record on appeal and may not consider matters not produced and received in evidence below.” - 83 (Minn. 1988).
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Braulio Garcia v. Daikin Applied Americas Inc.
Minn. Ct. App. 2026
Even in a summary-judgment appeal, we “must generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.” (quotation omitted).
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In re the Marriage of: Matthew Alan Rivera v. Miranda Rae Rivera
Minn. Ct. App. 2026
A party cannot “obtain review by raising the same general issue litigated below but under a different theory .” Thiele v. Stich , .
- Daniel Petsinger v. Steele County Recorder’s Office, et al Minn. Ct. App. 2026
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State of Minnesota v. Steven John Stolp-Thompson
Minn. Ct. App. 2026
-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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James A. Nilsson v. Jeannie Ball, Jennifer Jean Ball
Minn. Ct. App. 2026
- 83 (Minn. 1988) (stating that appellate courts will not consider matters not argued and not considered by the district court).
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Range Cornice & Roofing Company v. Spectra Building Group, LLC
Minn. Ct. App. 2026
15, 2002); (“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)); (“Because the distric
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In the Marriage of: Stanislav Eduardovich Manchik v. April Jeane Manchik, County of Wright, Intervenor
Minn. Ct. App. 2026
As an initial matter, it appears that t his argument may not properly be before us because it was not raised in father’s submissions to the district court, the district court did not mention it in the order, (providing that issues generally cannot be raised for the first time on appeal).
- Rebecca A. Niebuhr v. Jacob Sieberg, Timothy Sieberg Minn. 2026
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In re the marriage of: Erica Faith Haines v. Joshua Isaac Haines
Minn. Ct. App. 2026
26, 2017); n.5 (Minn. App. 2023) ().
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Nogodjouan Diomande v. Soualiho Diomande
Minn. Ct. App. 2026
(applying this aspect of Thiele to family law case), rev. denied (Minn. Jan.
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At Home Apartments, L.L.C. v. Nicholas Berscheid, John Doe, et al
Minn. Ct. App. 2026
(stating that, generally, appellate courts review only issues considered by the district court).
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In the Marriage of: Vydehi Aravalli v. Rajagopal Naga Aravalli
Minn. Ct. App. 2026
6 Relatedly, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” and we “generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.”
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In the Matter of the Welfare of the Child(ren) of: D. M. D., Parent
Minn. Ct. App. 2026
(applying this aspect of Thiele to family law case), rev. denied (Minn. Jan.
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State of Minnesota v. Sylvester Jones
Minn. Ct. App. 2026
d 418, 422 (Minn. App. 2015).
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Ashley Anderson v. Adam Aaron Anderson, et al
Minn. Ct. App. 2026
(“A reviewing court must generally consider only those issues that the record shows were presented and 8 We conclude that the district court properly dismissed Ashley’s civil-conspiracy claim against respondents as it is not supported by an underlying tort.
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State of Minnesota v. Robert Kappon Evans
Minn. Ct. App. 2026
“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).
- Mai Lia Xiong v. Derick James Davis Minn. Ct. App. 2026
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Minnesota Police and Peace Officers Association v. Minnesota Board of Peace Officer Standards and Training
Minn. Ct. App. 2026
See Thiele v. Stich , (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 Marriage of: Diana Jakubauskiene v. Robertas Jakubauskas
Minn. Ct. App. 2026
(stating that appellate review is limited to issues presented to and considered by the district court).
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In the Matter of the Welfare of the Child(ren) of: K.A.S. and P.D.Y., Parents
Minn. Ct. App. 2026
1 d 152, 161 n.2 (Minn. App. 2024) (“As a general rule, an appellate court will consider and resolve ‘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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In the Matter of the Welfare of the Children of: L. P., Parent
Minn. Ct. App. 2026
See Thiele v. Stich , (stating that appellate courts generally will not consider matters not argued to and considered by the district court).
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John Mitchell Wiseman v. State of Minnesota
Minn. Ct. App. 2026
-83 (Minn. 1988) (providing that we may consider “only those issues that the record shows were presented and considered by the [district] court in deciding the matter before it”).
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City of Ellendale v. Daniel Petsinger, Carrie Petsinger
Minn. Ct. App. 2026
Thus, (setting out principle that appellate courts generally will not consider matters not argued to and considered by the district court).
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Housing First Minnesota v. City of Corcoran (A25-1220). Housing First Minnesota, vs. City of Dayton (A25-1221)
Minn. Ct. App. 2026
(“ A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.” (quotation omitted)); see also Wesser v. State Farm Fire & Cas.