Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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In re the Marriage of: Kevin Max Peterson v. Rebecca Jane Peterson, County of Dakota, intervenor
Minn. Ct. App. 2016
Generally, a reviewing court must 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: Kathleen Jean Rucker v. Kraig Vernon Rucker
Minn. Ct. App. 2016
a parenting schedule because, while the schedule was clear, the district court failed to articulate its rationale for that schedule); In re Salah, 26 (remanding a custody dispute because the district court “failed to adequately explain its application of [the relevant law]”); see generally, (stating that for a question to be properly before an appellate court, that question must have been previously presented to and considered by the district court).
- Lenny N. Anderson v. City of St. Paul Minn. Ct. App. 2016
- In re the Marriage of: Christopher John Anton v. Romona L. Sparks, f/k/a Romona L. Anton Minn. Ct. App. 2016
- In re the Marriage of: Heidi B. Moon v. Roderick H. Moon Minn. Ct. App. 2016
- Maria F. Olson, et al v. James Scott Kent, et al. Defendants, Peoples National Bank of Mora Minn. Ct. App. 2016
- Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank … Minn. Ct. App. 2016
- Lenny N. Anderson v. City of St. Paul Minn. Ct. App. 2016
- Maria F. Olson, et al v. James Scott Kent, et al. Defendants, Peoples National Bank of Mora Minn. Ct. App. 2016
- In re the Marriage of: Heidi B. Moon v. Roderick H. Moon Minn. Ct. App. 2016
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In re the Marriage of: Christopher John Anton v. Romona L. Sparks, f/k/a Romona L. Anton
Minn. Ct. App. 2016
(“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); see also Majerus v. Guelsow, 262 Minn. 1, 11, (“[A] party cannot avail himself o
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Cheri Glassick v. Wells Federal Bank, Stewart Title Guaranty Company, Northwest Title Agency, Inc., Tim Breuer, Manufacturers Bank …
Minn. Ct. App. 2016
By failing to raise the issue, Hauer cannot now argue it because “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below.” Annis v. Annis, 250 Minn. 256, 262-63
- In re the Marriage of: Paul Grant Gardner v. Margaret Rose Gardner Minn. Ct. App. 2016
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In re the Marriage of: Paul Grant Gardner v. Margaret Rose Gardner
Minn. Ct. App. 2016
(declining to consider issues that were not presented to or considered by the district court).
- State of Minnesota v. Donald Joseph Hall, Jr. 887 N.W.2d 847 Minn. Ct. App. 2016
- In the Matter of: Ashley Danielle Martin, individually and o/b/o M. M. F. and M. B. F v. … Minn. Ct. App. 2016
- State of Minnesota v. Donald Joseph Hall, Jr. 887 N.W.2d 847 Minn. Ct. App. 2016
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In the Matter of: Ashley Danielle Martin, individually and o/b/o M. M. F. and M. B. F v. …
Minn. Ct. App. 2016
(concluding that objections not argued to and considered by the district court are waived).
- Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson 889 N.W.2d 279 Minn. 2016
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Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson
889 N.W.2d 279
Minn. 2016
“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.’ ” (quoting Thayer v. Am.
- State of Minnesota v. Andrew Russell Severtson Minn. Ct. App. 2016
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State of Minnesota v. Andrew Russell Severtson
Minn. Ct. App. 2016
“An appellate court may not base its decision on matters outside the record on appeal.” -83 (Minn. 1988).
- In re the Marriage of: Thomas Erle Tornstrom v. Jennifer Lynn Tornstrom, n/k/a Jennifer Lynn Klemenhagen 887 N.W.2d 680 Minn. Ct. App. 2016
- In the Matter of: Trust Agreement of Don D. Henyan Created Under Agreement Dated May 1, 2006, as … Minn. Ct. App. 2016
- In the Matter of: Trust Agreement of Don D. Henyan Created Under Agreement Dated May 1, 2006, as … Minn. Ct. App. 2016
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In re the Marriage of: Thomas Erle Tornstrom v. Jennifer Lynn Tornstrom, n/k/a Jennifer Lynn Klemenhagen
887 N.W.2d 680
Minn. Ct. App. 2016
d 580, 582 (Minn. 1988).
- Indira Y. Junghare v. The Regents of the University of Minnesota Minn. Ct. App. 2016
- A-1 Construction, Inc. v. Department of Employment and Economic Development Minn. Ct. App. 2016
- Arden Clarence Hoff v. Commissioner of Public Safety Minn. Ct. App. 2016
- Indira Y. Junghare v. The Regents of the University of Minnesota Minn. Ct. App. 2016
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Arden Clarence Hoff v. Commissioner of Public Safety
Minn. Ct. App. 2016
(“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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A-1 Construction, Inc. v. Department of Employment and Economic Development
Minn. Ct. App. 2016
(stating that an appellate court will not consider matters not argued to and considered by the district court); Peterson v. Ne.
- In Re the Custody of N.O.K.; Jason Michael Krause v. Marissa Lauren Gomez Minn. Ct. App. 2016
- Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
- Bradley Mordini v. American Family Mutual Insurance Co., et al Minn. Ct. App. 2016
- In the Matter of: Chelsea Chantel Hall and o/b/o J. B. A v. Jamison Robert Arend Minn. Ct. App. 2016
- In Re the Custody of N.O.K.; Jason Michael Krause v. Marissa Lauren Gomez Minn. Ct. App. 2016
- Bradley Mordini v. American Family Mutual Insurance Co., et al Minn. Ct. App. 2016
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In the Matter of: Chelsea Chantel Hall and o/b/o J. B. A v. Jamison Robert Arend
Minn. Ct. App. 2016
d 580, 582 (Minn. 1988) (stating that generally, an appellate court will not address issues that were not raised before and considered by the district court).
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Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program
Minn. Ct. App. 2016
(stating that a reviewing court generally will not consider matters not argued to and considered by the district court).
- State of Minnesota v. Burt Gregory Alan Stover Minn. Ct. App. 2016
- State of Minnesota v. Darren Gregory Melges Minn. Ct. App. 2016
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State of Minnesota v. Darren Gregory Melges
Minn. Ct. App. 2016
It overlooks the often-repeated D-3 rule, “Nor may a party obtain review by raising the same general issue litigated below but under a different theory.” (“[W]e conclude that the court of appeals erred when it raised the constitutionality of the right-turn statute sua sponte and then decided the issue.”).
- State of Minnesota v. Burt Gregory Alan Stover Minn. Ct. App. 2016
- In the Marriage of: Robert Peter Crowley v. Bridget Marie Meyer Minn. Ct. App. 2016
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In the Marriage of: Robert Peter Crowley v. Bridget Marie Meyer
Minn. Ct. App. 2016
(precluding review of issues raised for the first time on appeal).
- Jeffrey Beckman, et al v. Wells Fargo Bank, N.A., et al., Robert A. Tenold, et al., Green Line … Minn. Ct. App. 2016
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Jeffrey Beckman, et al v. Wells Fargo Bank, N.A., et al., Robert A. Tenold, et al., Green Line …
Minn. Ct. App. 2016
Alternatively, and in the “interests of justice.” In general, we will review “only those issues that the record shows were presented and considered by the [district] court.” Thiele, d at 582 (quotation omitted).
- State of Minnesota v. Tetyang Puok Juate-Yout Minn. Ct. App. 2016
- Mary A. Zirbes v. Meshbesher and Spence, Ltd., et al Minn. Ct. App. 2016