Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
-
Brian Allen Barthel v. State of Minnesota
Minn. Ct. App. 2017
“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.” 4 -83 (Minn. 1988).
-
In the Matter of the Appeal of the Determination of the Responsible Authority for the South Washington County …
Minn. Ct. App. 2017
(“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) ).
-
James A. Nilsson v. Jeannie Ball, Ryan Haugen, et al
Minn. Ct. App. 2017
d 580, 582 -83 (Minn. 1988).
-
In the Matter of the Teaching License of Scott Selmer
Minn. Ct. App. 2017
d 251, 261 (Minn. 2016) (“Generally, we will not consider an issue not addressed below.”)
-
In re the Matter of: Sari Rae Sheeley, n/k/a Sari Rae Moen v. James Harvey Sheeley
Minn. Ct. App. 2017
(stating that appellate courts generally address only those questions previously presented to and considered by the district court).
- City of Golden Valley v. Wiebesick 899 N.W.2d 152 Minn. 2017
-
John Frederick Stolte v. Kathleen Marie Stolte
Minn. Ct. App. 2017
Doe 175 v. Columbia He ights School Dist., -43 (Minn. App. 2014).
- Meeker County, Victoria Lynn Moreno, n/k/a Victoria Lynn Baalson v. Kyle Richard Greene Minn. Ct. App. 2017
-
In the Matter of the Civil Commitment of: Michelle R. Fogarty
Minn. Ct. App. 2017
We generally consider only issues that “were presented and considered by the [district] court in deciding the matter before it.” (quotation omitted).
- St. Jude Medical, Inc. v. Carter 899 N.W.2d 869 Minn. Ct. App. 2017
-
St. Jude Medical, Inc. v. Carter
899 N.W.2d 869
Minn. Ct. App. 2017
See Wood v. Diamonds Sports Bar & Grill, Inc., ( (declining to consider issue raised but not decided by district court)), review denied (Minn. Feb.
- Capistrant v. Lifetouch National School Studios, Inc. 899 N.W.2d 844 Minn. Ct. App. 2017
-
Capistrant v. Lifetouch National School Studios, Inc.
899 N.W.2d 844
Minn. Ct. App. 2017
Review is not appropriate “even though the question was raised below, if it was not passed on by the trial court.”
-
Bryan Scherping, d/b/a JBR Farms; et al v. Amy Scherping, et al. and third party plaintiffs, vs. Bryan …
Minn. Ct. App. 2017
See Thiele v. Stich , (stating that appellate courts do not consider matters not raised before and addressed by the district court).
-
James Wieseler v. Eddie Miles, Warden, Minnesota Department of Corrections - Faribault
Minn. Ct. App. 2017
“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.” d 580, 582 (Minn. 1988) (quotation omitted).
- Marriage of Crowley v. Meyer 897 N.W.2d 288 Minn. 2017
-
Marriage of Crowley v. Meyer
897 N.W.2d 288
Minn. 2017
As for Crowley’s new-theory argument, it is true that a party may not “obtain review by raising the same general issue litigated below but under a different theory.” see, (stating that plaintiffs may not raise a new negligence theory on appeal); Sec.
-
Claire Lee v. MSP Crossroads Apartments, LLC, et al
Minn. Ct. App. 2017
See Thiele v. Stich , ( reviewing court will generally consider only those issues that record shows were presented and considered by district court in deciding matter before it); Minn. R. Civ.
-
Livingston Financial, LLC, as successor in interest to US Bank v. Daniel O. Ward, II
Minn. Ct. App. 2017
d 580, 582 (Minn. 1988).
- Minnkota Architectural Products Co., Inc. v. Rice Lake Construction Group Minn. Ct. App. 2017
- Breaker v. Bemidji State University 899 N.W.2d 515 Minn. Ct. App. 2017
-
Breaker v. Bemidji State University
899 N.W.2d 515
Minn. Ct. App. 2017
(stating that a party may not "obtain review by raising the same general issue litigated below but under a different theory”).
-
Maryleen Harmon v. Department of Employment and Economic Development
Minn. Ct. App. 2017
“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).
- Drummer Development, Inc. v. Baxter BBQ, Incorporated, Charles Torgerson, Jr., Randy Jernberg Minn. Ct. App. 2017
- Leiendecker v. Asian Women United of Minnesota 895 N.W.2d 623 Minn. 2017
- K&S Heating, Air Conditioning & Plumbing, LLC v. Jeremiah J. Kramer a/k/a Jeremy Kramer, XYZ Corporation, et al Minn. Ct. App. 2017
-
In re the Marriage of: Larry A. Letsinger v. Lori A. Letsinger
Minn. Ct. App. 2017
See Thiele v. Stich , –83 (Minn. 1 988) (“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.”).
- Alice Peterson v. City of Isle Minn. Ct. App. 2017
-
Park Estates, Inc., on behalf of itself and all others similarly situated v. City of St. Paul Park
Minn. Ct. App. 2017
The party moving for summary judgment has the burden to demonstrate that “no genu ine issue of material fact exists.”
-
In the Matter of the Welfare of the Children of: S. R. K. and O. A. K., Parents
Minn. Ct. App. 2017
Thiele v. Stich , Doe 1 75 v. Columbia Heights School Dist.
-
In the Matter of the Application for Relocation Benefits of the Estate of Nellie Fischbach
Minn. Ct. App. 2017
see Rouland v. Thorson, 13 (holding that we only consider issues that the ALJ considered and decided).
-
Larson Ventures, Inc. v. Jason P. Hoffman
Minn. Ct. App. 2017
Thiele v. Stich , , 582 (Minn. 1988) (declining to address new issues raised for the first time on appeal).
- Harmon v. Commissioner of Revenue 894 N.W.2d 155 Minn. 2017
- Harmon v. Commissioner of Revenue 894 N.W.2d 155 Minn. 2017
- Glendalough Homeowners’ Association v. Jovani Nassar Minn. Ct. App. 2017
-
In the Matter of: Jessica Jo O’Leary v. Trent Gerald Soukkala
Minn. Ct. App. 2017
(stating that a party may not “obtain review by raising the same general issue litigated below but under a different theory”).
- In the Matter of the Petition of CitiMortgage, Inc., a New York corporation, relating to Certificate of Title … Minn. Ct. App. 2017
- Kristin M. Schumacher, Marian V. Swanson, intervenor v. Terrence K. Swanson, and Terrence K. Swanson, counterclaimant, vs. Kristin … Minn. Ct. App. 2017
-
Accounts Receivable Services, LLC, as Successor in Interest to Allina Health System, Allina Health System, Nonparty Respondent v. …
Minn. Ct. App. 2017
A party seeking summary judgment must demonstrate that no genuine issue of material fact exists, but “when the moving party makes out a prima facie case, the burden of producing facts that raise a genuine issue shifts to the opposing party.”
-
Isanti Pines Tree Farm, LLC v. Arthur J. Swanson, Julie A. Swanson
Minn. Ct. App. 2017
reverse the district court’s order granting the Swansons’ motion for summary judgment, Isanti Pines asks us to “enter an Order granting [its] Cross Motion for Summary Judgment.” We decline to do so because “[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.” d 580, 582 (Minn. 1988).
- Ernster v. Scheele 895 N.W.2d 262 Minn. Ct. App. 2017
- Ernster v. Scheele 895 N.W.2d 262 Minn. Ct. App. 2017
- Town Center Office Plaza Association, Inc., Appellant, Minn. Ct. App. 2017
- In re the Civil Commitment of Kropp 895 N.W.2d 647 Minn. Ct. App. 2017
- In re the Civil Commitment of Kropp 895 N.W.2d 647 Minn. Ct. App. 2017
- Nathan Tow-Arnett v. City of Minneapolis Minn. Ct. App. 2017
- Macy's Retail Holdings, Inc. v. County of Hennepin 899 N.W.2d 451 Minn. 2017
-
Macy's Retail Holdings, Inc. v. County of Hennepin
899 N.W.2d 451
Minn. 2017
(holding that arguments not raised in the trial court are forfeited on appeal).
- ARU Properties, LLC v. Letron Clark, Lasonderia Rogers Minn. Ct. App. 2017
- State of Minnesota v. Eddie Morris Miller Minn. Ct. App. 2017