Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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State of Minnesota v. Chad Allen Pryatel
Minn. Ct. App. 2020
(providing that appellant courts do not address questions not presented to a nd considered by the district court).
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A. Darlene Gibson v. Special School District #1
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.” Thiele v. Stich , (quotation omitted).
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Carol Eppolite v. Dustin James Swenson, et al
Minn. Ct. App. 2020
See Thiele v. Stich , Doe 175 v. Columbia Heights Sch.
- Town of West Lakeland v. Karl E. Auleciems, Susanne M. Auleciems, Ethan Auleciems, et al Minn. Ct. App. 2020
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In re the Marriage of: Gregory Joseph Parnell v. Christine Melanie Parnell
Minn. Ct. App. 2020
Th e (declining to address issues not raised to and addressed by district court).
- Skyler Woodard v. Nathan F. Krumrie, et al Minn. Ct. App. 2020
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Michelle L. MacDonald, et al v. Michael Brodkorb, et al
Minn. Ct. App. 2020
Thiele v. 7 Stich, – 83 (Minn. 1988).
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Aegis Insurance Services, LTD., and other interested insurers as subrogees of Northern States Power Co. and Southern Minnesota …
Minn. Ct. App. 2020
Despite its reference to elements of theories other than fraudulent concealment, NSP concluded by stating that GE’s nondisclosure “establishes fraudulent concealment.” A district court must base relief on issues raised i n the pleadings or litigated by consent, Folk, d at 267, and a party cannot raise a new theory on appeal
- Michael Esaw v. Douglas Eugene Salo, et al Minn. Ct. App. 2020
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In the Matter of the Application of Debora Lee Neu, Brian Joseph Neu for a Change of Name …
Minn. Ct. App. 2020
82 (Minn. 1988) (stating that appellate courts address only those 8 questions previously presented to and considered by the district court).
- State of Minnesota v. Peter Roy Byrnes Minn. Ct. App. 2020
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Charles Wahren v. Kate Radz, a/k/a Katherine Verzhbitska-Radzills
Minn. Ct. App. 2020
Doe 175 v. Columbia Heights Sch.
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Highland Management Group Inc. v. Joyce Moeller
Minn. Ct. App. 2020
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).
- Christensen Law Office, PLLC v. Carl Green, Carl E. Christensen, et al Minn. Ct. App. 2020
- Portfolio Recovery Associates, LLC v. Bradley C. Johnson, Karol M. Johnson Minn. Ct. App. 2020
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Damon A. Ewing,
Minn. 2020
The administrative rules define a qualified employee as: We do not consider issues that were not presented below, and an argument is forfeited if the theory was “not litigated or addressed by the compensation judge and not appealed to the WCCA,”
- In the Matter of the Application of: Hollis John Larson for a Change of Name Minn. Ct. App. 2019
- In the Matter of: Tamara Lynn Kriesel v. Michael James Rossman Minn. Ct. App. 2019
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Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems LLC, et al. and Third Party Plaintiffs, Mark C. Juelich, …
Minn. Ct. App. 2019
We generally refuse to consider issues not raised in the distri ct court, and a party may not “obtain review by raising the same general issue litigated below but under a different theory.” 2 (Minn. 1988).
- Tony Flattum v. Pro Tech Restoration, Inc., Brian Jovan Minn. Ct. App. 2019
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In Re: The Matter of the Petition for Project No. 77, Clay County Ditch No. 51-Lateral No. 3, …
Minn. Ct. App. 2019
Thiele v. Stich , -83 (Minn. 1988).
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First Baptist Church of St. Paul, et al., Church of St. Pascal Baylon, et al v. City of …
Minn. Ct. App. 2019
(holding that appellate courts need not consider issues not raised to and decided by the district court).
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Donald Hall v. City of Plainview
Minn. Ct. App. 2019
We 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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Hayley Elizabeth Kytta v. Corey Strecker
Minn. Ct. App. 2019
(stating that appellate courts generally will not consider matters not argued to and considered by the district court).
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Christopher Christopherson v. Alpha Service Industries, Incorporated
Minn. Ct. App. 2019
See Thiele v. Stich , Doe 175 v. Columbia Heights Sch.
- Emily C. Dzurak v. Discover Strength Personal Fitness Center, Inc., Department of Employment and Economic Development Minn. Ct. App. 2019
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Denise M. Tessman v. Blaine P. Clark
Minn. Ct. App. 2019
see also Alpha Real Estate Co. of Rochester v. Delta Dental Plan of Minn. , (allowin g appellate review of the parol -evidence rule despite failure to file a posttrial motion for a new trial, when the issue was “properly raised and considered at the district cour
- In the Matter of the Civil Commitment of: Eugene Christopher Banks Minn. Ct. App. 2019
- In re the Matter of the Welfare of the Children of: N. A. R. and R. P., Parents Minn. Ct. App. 2019
- In re the Estate of: Pauline Mary Serpico, Deceased Minn. Ct. App. 2019
- In re the Marriage of: Christopher Warren Rupp v. Elisabeth Hastings Felten, f/k/a Elisabeth Hastings Felten Rupp Minn. Ct. App. 2019
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In the Matter of the Civil Commitment of: Edward Everett Urbanek
Minn. Ct. App. 2019
Generally, this court only reviews issues that were “presented to and considered by the [district] court in deciding the matter before it.”
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In re the Matter of the Civil Commitment of: Matthew David Feeney
Minn. Ct. App. 2019
We generally may not base our decision “on matters outside the record on appeal” or “consider matters not produced and received in evidence below.” –83 (Minn. 1988).
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State of Minnesota v. Michael Alan Bunnell
Minn. Ct. App. 2019
“Nor may a party obtain review by raising the same general 5 issue litigated below but un der a different theory.”
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In re the Matter of: Jennifer Lynn Gaughan v. Patrick Michael Gaughan
Minn. Ct. App. 2019
582 (Minn. 1988) (providing that an appellate court will genera lly not address issues that were not presented to, consider ed by, and passed on by the dist rict court).
- In re the Marriage of: Mary Elizabeth Moline v. Daniel Robert Moline Minn. Ct. App. 2019
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In re the Marriage of: Jennifer Ruth Wadsworth v. Barry James Wadsworth, Jr.
Minn. Ct. App. 2019
“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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SRRT Properties, LP, IDC Properties, LLC v. Nova Consulting Group, Inc.
Minn. Ct. App. 2019
(holding that an appellate court generally will not consider matters not argued to and co nsidered by the district court).5 4 We observe that Nova did not challenge the jury instructions or special-verdict form on appeal.
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Meagan Abel v. Abbott Northwestern Hospital, et al., St. Mary's University Minnesota
Minn. Ct. App. 2019
See Thiele v. Stich , (“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)); (rejecting attempt to raise new theory of negli
- In re the Marriage of: Nicole Marie Edwards v. Christopher Michael Edwards Minn. Ct. App. 2019
- Shamrock Sod & Landscaping, Inc., et al., Terry J. O'Brien, et al v. Security State Bank of Fergus … Minn. Ct. App. 2019
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In the Matter of the Civil Commitment of: Mark Jeffrey Dunker
Minn. Ct. App. 2019
See Thiele v. Stich , (stating that an appellate court will generally not address issues that were not presented to and considered by the district court).
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In re the Marriage of: John Richard Strosahl v. Doreen Strosahl
Minn. Ct. App. 2019
See Thiele v. Stich , d 580, 582 (Minn. 1988) (holding that arguments that are not made to the district court are generally forfeited on appeal).
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In the Matter of the Civil Commitment of: Christopher Raymond Coker
Minn. Ct. App. 2019
Generally, appellate courts do not consider matter s outside the record on appeal, -83 (Minn. 1988), and strike references to such matters, Merle’s Constr.
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In re the Matter of: Sharon K. Fostervold v. Robert Monson
Minn. Ct. App. 2019
(“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: Kristy Ann Ryan v. Jeffrey Alan Ryan
Minn. Ct. App. 2019
See Thiele v. Stich , (stating that appellate court s consider only those issues presented to and considered by the district court); (requiring “district court[] to demonstrate an awareness and application of the 25% presumption when the issue is appropriately
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Thomas Sullivan, as guardian and conservator for Marc L. Beeman v. Randy F. Boggio
Minn. Ct. App. 2019
Because we do not consider matters not argued to and c onsidered by the district court, Thiele v. Stich , , Sullivan’s collateral-estoppel argument is forfeited.
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Adam C. Steele v. Sarah M. Held
Minn. Ct. App. 2019
d 580, 582 (Minn. 1988) (stating that a “reviewing court must generally consider only those issues that the record sho ws were presented and considered by the [district] court i n deciding the matter before it” (quotation omitted)).
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In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson
Minn. Ct. App. 2019
An appellate court generally “may not consider matters not produced and received in evidence below.”
- Donovan Jon Gilfillan v. Commissioner of Public Safety Minn. Ct. App. 2019