Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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Shane Foss v. Justine Topel
Minn. Ct. App. 2019
(stating that, generally, ap pellate courts address only issues previ ously presented to and consider ed by the district court).
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Fr. William Graham v. Terrance Jerome Davis, Jr.
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 [district] court in deciding the matter before it.” (quotation omit ted)).
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Morgan Wright v. Nuvola, LLC, et al., Andrew Gittleman
Minn. Ct. App. 2019
(holding that an appellate court generally will not consider matters not argued to and considered by the district court).
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James M. Erickson v. Darlene P. Klenck, et al
Minn. Ct. App. 2019
See T hiele v. Stich , , 582 (Minn. 1988) (stating that a ppellate courts generally will not consider matters not argued to and considered by the district court ).
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John Carl Berg v. One 2016 Chevrolet Passenger Vehicle, VIN #3GCUKREC6GG290768, MN LIC Plate 355UNB
Minn. Ct. App. 2019
“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); see also Watson v. United S ervs.
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In re the Matter of: Victoria Carlson and Stephen Carlson v. Pam Wheelock, in her official capacity as …
Minn. Ct. App. 2019
See Thiele v. Stich , (stating appellate court s generally 8 address only issues presented to and considered by the district court).3 We address each of these arguments in turn, and we begin with equal protection.
- In re the Matter of: James Steinbach v. Commissioner of Department of Human Services, McLeod County Social Services Minn. Ct. App. 2019
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A. L. G v. Minnesota Department of Health
Minn. Ct. App. 2019
-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 the Matter of the Civil Commitment of: Justin Allen Newman Minn. Ct. App. 2019
- Clarence Johnson, Pauline Johnson v. County of Hennepin Minn. Ct. App. 2019
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Grace Elizabeth Miller v. Brock Fredin
Minn. Ct. App. 2019
Because Fredin’s argument was neither adequately brief ed, nor raised below, it is not properly before us. 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.” (quotation omitted)); see also State Dep’t of Labor & 8 Indus.
- Kevin Chouanard, et al v. Oak Lake Construction, Inc., et al., Huepenbecker Construction Minn. Ct. App. 2019
- In re the Marriage of: Sharon Nelson v. Jeffrey Alan Nelson Minn. Ct. App. 2019
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Franz J. Metzger v. Thomas Stearns, et al., Affinity Plus Federal Credit Union, et al., Itasca County
Minn. Ct. App. 2019
d 580, 582-83 (Minn. 1988).
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Kevin Robert Miller v. Commissioner of Public Safety
Minn. Ct. App. 2019
29, 1989); see also Thiele v. Stich
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In re the Matter of the Welfare of the Children of: H.W.-S. and D.T.W., Parents
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.” (quotation omitted).
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In re the Matter of: Dennis J. Arvig v. Trudy A. Kawlewski, County of Wadena, Intervenor
Minn. Ct. App. 2019
24, 2001); (noting that appellate courts generally address only those questions previously presented to and considered by the district court).
- Fletcher Props., Inc. v. City of Minneapolis 931 N.W.2d 410 Minn. Ct. App. 2019
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Fletcher Props., Inc. v. City of Minneapolis
931 N.W.2d 410
Minn. Ct. App. 2019
Thiele v. Stich , , 582 (Minn. 1988).
- Gabrielle Marie Geraci v. Jack Cyril Maxwell Minn. Ct. App. 2019
- Kelbro Company v. Vinny’s on the River, LLC, River Fun LLC Minn. Ct. App. 2019
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Bruce K. Rankila v. Fairview Health Services, Department of Employment and Economic Development
Minn. Ct. App. 2019
(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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Mark R. Zweber v. Credit River Township, et al
Minn. Ct. App. 2019
11 trial) (citing Thiele v. Stich , (Minn .
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In re the Marriage of: Lakmini Yamuna Herath v. Susantha Herath
Minn. Ct. App. 2019
We are limited to considering “only those issues that t he record shows were presented [to] and considered by the trial court in deciding the matter before it.” (quotation omitted).
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Streambend Properties II, LLC, et al v. Ivy Tower Minneapolis LLC, et al. Respondents, Wischermann Holdings, LLC, et …
Minn. Ct. App. 2019
Appellants’ argument that their letters constitute statutory notices of cancellation therefore is not properly before us.5 (stating that appellate courts generally do not consider issues that were not presented to and decided by the district court).
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In re the Marriage of: Yusuf Haji-Ismail Ali v. Myrna Wati Ali, County of Scott, intervenor
Minn. Ct. App. 2019
(stating that, generally, appellate courts address only questions previously presented to and considered by the district court).
- Kevin Scott Karsjens v. Tony Lourey, Commissioner of the Department of Human Services, Shelby Richardson, et al Minn. Ct. App. 2019
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A18-1608 In re Applications for a Supplemental Environmental Impact Statement for the Proposed NorthMet Project
Minn. Ct. App. 2019
Citizen, 541 U.S. 7 52, 764-65, 124 S. Ct. 2204, 2214 (2004) (holding that issues not raised to agency in environmental-review proceedings are forfeited); (stating that generally an appellate court will not consider matters not argued to or considered by the district court); Hentges v. Minn. Bd.
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In re the Matter of: Bradley Joseph Patraw, and Ramsey County, intervenor v. Alicia Kay Wittmer
Minn. Ct. App. 2019
(holding that, generally, an appellate court will consider only matters argued to and considered by the district court); (holding that an alleged defect in district court findings not brought to the attention of the district court cannot b
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In re the Marriage of: Lauri Sue Browning v. Daniel H. Gruenstein
Minn. Ct. App. 2019
Doe 175 v. Columbia Heights Sch.
- In the Matter of the Civil Commitment of: Karl Leonard Meyer Minn. Ct. App. 2019
- In re the Marriage of: Franklin Olaniyan v. Assanatu Olaniyan Minn. Ct. App. 2019
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In re the Marriage of: Kathleen Marie Wilson v. Todd Joseph Wilson
Minn. Ct. App. 2019
Generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was act ually tried below[,]” and an appellate court gener ally will not consider matters not argued to and considered by the district court
- In the Matter of: Naomi Rae Marx v. Matthew Douglas McArthur Minn. Ct. App. 2019
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Abdel Elnashar v. Summit Orthopedics, Ltd., et al
Minn. Ct. App. 2019
(attempted service ineffective when papers were not served personally on defendant but were left with receptionist at defendant’s office).
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In re the Marriage of: Amy Alyssa Post v. Samuel Morton Post, III
Minn. Ct. App. 2019
O ur decision in Hagen that the 25% parenting - that we generally do not consider m atters not argued to and considered by the district court.
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Nell Mathews, et al. Appellants v. City of the Village of Minnetonka Beach, Vanessa Abraham, et al
Minn. Ct. App. 2019
A party may not “obtain review by raising the same gene ral issue litigated below but under a different theory.” Thiele v. Stich
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Brian Allen Platt v. Commissioner of Public Safety
Minn. Ct. App. 2019
(“A reviewing court must generally consider only those issues that the record shows were presented and considered by the [district] court .
- In the Matter of: Kathryn M. Larson, on behalf of Minor Child v. Keith Norman Marohn Minn. Ct. App. 2019
- Heilman v. Courtney 926 N.W.2d 387 Minn. 2019
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Heilman v. Courtney
926 N.W.2d 387
Minn. 2019
2 In assigning error, he cites Thiele v. Stich , and State v. Morse
- Daniel Everette Olean v. Moose Lake CO-OPerative Association Minn. Ct. App. 2019
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Cleveland-Cliffs Minnesota Land Development, LLC v. Minnesota Department of Natural Resources, Mesabi Metallics Company, LLC
Minn. Ct. App. 2019
See, - 83 (Minn. 1988) (declining to consider matters not argued to and considered by the district court); In re A.D.
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State Farm Fire and Casualty Company v. Courtney Thompson, Gabriela Von Mende, et al./counterclaim plaintiffs/third party plaintiffs, vs. …
Minn. Ct. App. 2019
d 580, 582 (Minn. 1988).
- Janet M. Bauch, et al v. City of Pine Island Minn. Ct. App. 2019
- In re: the Trust of the Arnold G. A. Schauer and Yvonne B. Schauer Family Irrevocable Trust Minn. Ct. App. 2019
- Alissa Boehm v. Melanie Glick, et al Minn. Ct. App. 2019
- Miller v. Soo Line R.R. Co. 925 N.W.2d 642 Minn. Ct. App. 2019
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Miller v. Soo Line R.R. Co.
925 N.W.2d 642
Minn. Ct. App. 2019
See Thiele v. Stich , , 582 (Minn. 1988) ("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."
- In re the Estate of John Kenneth Rutt, a/k/a John K. Rutt and John Rutt, Deceased Minn. Ct. App. 2019