Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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In re the Marriage of: Amy Marie Causton v. Paul Ronald Causton
Minn. Ct. App. 2018
“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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K.A.J. v. Emily Piper, Commissioner of Human Services
Minn. Ct. App. 2018
“A reviewing court must generally consider only those issues that the record shows were presented and considered by the [decision-maker] in deciding the matter before it.” Thiele v. Stich , (quotation omitted); (applying forfeiture-by-failure-to-raise analysis to the certiorari-appeal context).
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In re: Trust of Phyllis Gene Jones, Settlor
Minn. Ct. App. 2018
“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).
- In re the Marriage of: Rachel Ann Hughes v. Brian Patrick Selmser Minn. Ct. App. 2018
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Rochester City Lines Co. v. City of Rochester, First Transit, Inc.
Minn. Ct. App. 2018
(“[A] party 10 [may not] obtain review by raising the same general issue litigated below but under a different theory.”) The fact that RCL did mention appearance of bias in its post-trial written argument, when Rochester and FT had no opportunity to respond to it, is further analogous to RCL’
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In the Matter of the Petition of U.S. Bank National Association for a New Certificate of Title after …
Minn. Ct. App. 2018
Doe 175 v. Columbia Heights Sch.
- Johnson v. Cnty. of Hennepin 915 N.W.2d 889 Minn. 2018
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Johnson v. Cnty. of Hennepin
915 N.W.2d 889
Minn. 2018
See Thiele v. Stich , , 582 (Minn. 1988).
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State of Minnesota v. Gilberto Guzman-Diaz
Minn. Ct. App. 2018
But “[a]n 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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Adherent Laboratories, Inc. v. Mark DiPietro, et al
Minn. Ct. App. 2018
“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.” 12 (quotation omitted).
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Tom Borchardt, et al v. City of North Branch, North Branch Municipal Water and Light Commission
Minn. Ct. App. 2018
“An appellate court may not base its decision on matters outside the record on appeal, and may not consider matters not produced and recei ved in evidence below.” Thiele v. Stich , d 580, 582-83 (Minn. 1988).
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State of Minnesota v. Richard Dominguez
Minn. Ct. App. 2018
See Thiele v. Stich, 8 (stating that an issue generally has to be presented to the district court in order for an appellate court to consider it).
- Associated Bank, N.A. v. Comm'r of Revenue 914 N.W.2d 394 Minn. 2018
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Associated Bank, N.A. v. Comm'r of Revenue
914 N.W.2d 394
Minn. 2018
See Thiele v. Stich , , 582 (Minn. 1988) (holding that arguments and theories not raised in the trial court are not reviewable on appeal).
- Bremer Bank, Nat'l Ass'n v. Matejcek 916 N.W.2d 688 Minn. Ct. App. 2018
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Bremer Bank, Nat'l Ass'n v. Matejcek
916 N.W.2d 688
Minn. Ct. App. 2018
Thiele v. Stich , , 582 (Minn. 1988) (holding that appellate courts review "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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Said Ahmed Nur v. Jimmy Johns Sandwiches
Minn. Ct. App. 2018
“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 o mitted).
- Robert F. Goerdt, et al v. Joyce E. Folsom, et al Minn. Ct. App. 2018
- Staffing Specifix, Inc. v. Tempworks Mgmt. Servs., Inc. 913 N.W.2d 687 Minn. 2018
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Staffing Specifix, Inc. v. Tempworks Mgmt. Servs., Inc.
913 N.W.2d 687
Minn. 2018
See Thiele v. Stich , , 582 (Minn. 1988).
- In re the Marriage of: Lynn J. Dreger v. Richard C. Dreger Minn. Ct. App. 2018
- American Family Mutual Insurance Company v. Steven Meyer Minn. Ct. App. 2018
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Isaac Erickson v. OTG Management, LLC, Department of Employment and Economic Development
Minn. Ct. App. 2018
(stating that appellate review is limited to issues raised and addressed below).
- Neil N. Lapidus, et al v. Lurie LLP Minn. Ct. App. 2018
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State of Minnesota v. Twin Cities Care Services
Minn. Ct. App. 2018
See State v. Morse , - 02 (Minn. 2016) (citing Thiele v. Stich , ).
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Nancy Bach v. Liberty Mutual Fire Insurance Company
Minn. Ct. App. 2018
See Thiele v. Stich, 15 (“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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Criticized
Jessica Fisher v. TCG, Inc., d/b/a Humera, Inginaire, Binesta and Jurisin, Department of Employment and Economic Development
Minn. Ct. App. 2018
We are not persuaded by realtor’s argument, -83 (Minn. 1988) (“An appellate court may not base its decision on ma tters outside the record on a ppeal, and may not consider matters not produced and received in evidence below.”), and therefore defer to the ULJ’s findings as supported by the record.
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Stephani Martinsen v. Jay E. Webb
Minn. Ct. App. 2018
Thiele v. Stich , –83 (Minn. 1988).
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Basim Sabri, et al v. City of Minneapolis
Minn. Ct. App. 2018
See Thiele v. Stich , (stating that appellate courts generally do not consider new theories on appeal).
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Red Cross Construction, LLC v. Donald Brenn, Martha Brenn
Minn. Ct. App. 2018
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.” Thiele v. Stich , (quotation omitted).
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Christensen Law Office, PLLC v. Serge Ngouambe, et al
Minn. Ct. App. 2018
T his court generally will not consider issues that were not “presented and considered by the [district] court in deciding the matter before it.”
- In re the Matter of: Ayano Eto Baylor for self and o/b/o Minor v. Christopher Gary Baylor Minn. Ct. App. 2018
- In re the Marriage of: Terry Anne Boggs v. David Carl Boggs Minn. Ct. App. 2018
- In the Matter of the Expulsion of B. L. from Independent School District No. 832, Mahtomedi Public Schools Minn. Ct. App. 2018
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Village Homes of Grandview Square II Association v. R. E. C., Inc. d/b/a Ron Clark Construction, et al., …
Minn. Ct. App. 2018
Thiele v. Stich , (stating that an appellate court will “consider only those issues that the record shows were presented [to] and considered by the trial court in deciding the matter before it” (quotation omitted)).
- Morehouse v. Comm'r Safety 911 N.W.2d 503 Minn. 2018
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Morehouse v. Comm'r Safety
911 N.W.2d 503
Minn. 2018
Because parties may not raise "the same general issue litigated below but under a different theory," Thiele v. Stich , , 582 (Minn. 1988), we do not address whether the circumstances here violated procedural due process.
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David Berger v. Timothy Wynes, et al
Minn. Ct. App. 2018
d 580, 582 (Minn. 1988).
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In re the Marriage of: Anna Modeo v. Anthony Keith Price
Minn. Ct. App. 2018
(stating that generally appellate courts address only those questions that were presented to and considered by the district court).
- State v. Roy 910 N.W.2d 477 Minn. Ct. App. 2018
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State v. Roy
910 N.W.2d 477
Minn. Ct. App. 2018
Thiele v. Stich , , 582 (Minn. 1988).
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Ashley Rae Crapser v. Drake Wayne Smith
Minn. Ct. App. 2018
To the extent that Smith suggests this court should seal the record containing Crapser’s HRO petition, this court is an error-correcting court and cannot consider such action for the first time on appea l. 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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In re the Marriage of: Linde Anne Sayen v. Michael Stephen Sayen
Minn. Ct. App. 2018
(noting that appellate courts generally consider only those issues presented and considered by the district court); Thompson v. Thompson , (applying Thiele in declining to reach issue raised for first time on appeal of the denial of a motion to reopen judgmen
- In re the Marriage of: Heather Newman, n/k/a Heather Osagiede v. Robert Newman Minn. Ct. App. 2018
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State of Minnesota v. J. S. K
Minn. Ct. App. 2018
(stating appellate courts generally address only issues presented to and considered by the district court).
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Ricky Ray Evoniuk v. Springfield Armory XD 9mm- XD19144, et al
Minn. Ct. App. 2018
4 Under 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).
- In re the Custody of J. M. H. and A. M. H. Roland John Hillstrom v. Heather Joy … Minn. Ct. App. 2018
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State of Minnesota v. Christopher Carl Remley
Minn. Ct. App. 2018
“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).
- In the Matter of the Welfare of the Children of: B. K. (n/k/a B. K.), M. K. and … Minn. Ct. App. 2018
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State of Minnesota v. Walter Marquetta Humphrey, Jr.
Minn. Ct. App. 2018
“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).