Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
- Pang Her Xiong v. Wells Fargo Bank, N.A., Reliakor Services, Inc. Minn. Ct. App. 2015
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In re the Marriage of: Alyssa Aileen Rex, f/k/a Alyssa Aileen Nicoski v. Steven Edward Nicoski
Minn. Ct. App. 2015
(stating that, generally, appellate courts address only those questions presented to and considered by the district court); Grigsby, d at 726.
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Glendalough Homeowners’ Association v. Jovani Nassar and third party plaintiff, vs. Evermoor Community Association, third party defendant, Community …
Minn. Ct. App. 2015
“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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State of Minnesota v. Jeremy Fredrick Aguirre
Minn. Ct. App. 2015
And where an appellant asks this court to review an issue raised and decided in district court, the appellant may not “obtain review by raising the same general issue litigated below but under a different theory.”
- In re the Marriage of: Kumiko Olivia Highley v. Christopher Alan Kvaal Minn. Ct. App. 2015
- Bio Wood Processing, LLC v. Rice County Board of Commissioners Minn. Ct. App. 2015
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Bio Wood Processing, LLC v. Rice County Board of Commissioners
Minn. Ct. App. 2015
d 580, 582-83 (Minn. 1988) (“An appellate court may not base its decision on matters 7 outside the record on appeal, and may not consider matters not produced and received in evidence below.”); see also Minn. R. Civ.
- In re the Marriage of: Kumiko Olivia Highley v. Christopher Alan Kvaal Minn. Ct. App. 2015
- Jay Nygard, et al v. Patrick Walsh, et al Minn. Ct. App. 2015
- Veronica Anczarski v. Rick Palm, et al Minn. Ct. App. 2015
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Jay Nygard, et al v. Patrick Walsh, et al
Minn. Ct. App. 2015
“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).
- Veronica Anczarski v. Rick Palm, et al Minn. Ct. App. 2015
- John L. Corrigan v. North Metro Harness Initiative, LLC, Department of Employment and Economic Development Minn. Ct. App. 2015
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John L. Corrigan v. North Metro Harness Initiative, LLC, Department of Employment and Economic Development
Minn. Ct. App. 2015
“An appellate court may not base its decisions 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 Child of: A. N. L., a/k/a A. N. N. L., … Minn. Ct. App. 2015
- Teresa McDonald v. Allina Health System d/b/a United Hospital Minn. Ct. App. 2015
- Christopher Eugene Engelmann v. Ann Christos Minn. Ct. App. 2015
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Teresa McDonald v. Allina Health System d/b/a United Hospital
Minn. Ct. App. 2015
(“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 the Matter of the Welfare of the Child of: A. N. L., a/k/a A. N. N. L., …
Minn. Ct. App. 2015
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.’” (citation omitted).
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Christopher Eugene Engelmann v. Ann Christos
Minn. Ct. App. 2015
“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 Marriage of: Rachelle Frances Norgren v. Randy Dean Norgren Minn. Ct. App. 2015
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In re the Marriage of: Rachelle Frances Norgren v. Randy Dean Norgren
Minn. Ct. App. 2015
(explaining that an appellate court 7 will only consider issues on appeal that were presented to and considered by the district court).
- Tiffany Montgomery v. AT & T Mobility Services, LLC, Department of Employment and Economic Development Minn. Ct. App. 2015
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Tiffany Montgomery v. AT & T Mobility Services, LLC, Department of Employment and Economic Development
Minn. Ct. App. 2015
But relator’s spoliation claim is being raised for the first time on appeal and, therefore, (stating that this court will generally not consider arguments raised for the first time on appeal).
- State of Minnesota v. Paul Andrew Skog Minn. Ct. App. 2015
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State of Minnesota v. Paul Andrew Skog
Minn. Ct. App. 2015
(declining to consider matters not argued to and not considered by the district court).
- Julie Strelow, et al v. Winona Steamboat Days Festival Association Minn. Ct. App. 2015
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Julie Strelow, et al v. Winona Steamboat Days Festival Association
Minn. Ct. App. 2015
to toss Frisbees into the audience standing in the parking lot surrounded by numerous trip hazards (including the parking lot curb and the feet of other invitees) at dusk.” Because appellants did not argue this theory before the district court, and the district court did not consider it, we need not 8 address it on appeal.4 (holding that an appellate court need not address arguments not raised before, and considered by, the district court).
- State of Minnesota v. Yia Her Minn. Ct. App. 2015
- In re the Matter of the Petition of Wells Fargo Bank, National Association, as Trustee Minn. Ct. App. 2015
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State of Minnesota v. Yia Her
Minn. Ct. App. 2015
ges that he did not object to the instruction on this specific basis, and therefore we review the instruction for plain error.”); (stating that “‘a party [may not] obtain review by raising the same general issue litigated 13 below but under a different theory’” ()).
- In re the Matter of the Petition of Wells Fargo Bank, National Association, as Trustee Minn. Ct. App. 2015
- In re the Matter of Boyd Jacob Phelps v. Lynnea Diana Sterling Minn. Ct. App. 2015
- First Baptist Church of St. Paul, et al v. City of St. Paul Minn. Ct. App. 2015
- In the Matter of: Ashley Rose Henke and o/b/o I.J.S.-H. and M.J.S.-H v. Kidane Sante Shulbe Minn. Ct. App. 2015
- In the Matter of: Ashley Rose Henke and o/b/o I.J.S.-H. and M.J.S.-H v. Kidane Sante Shulbe Minn. Ct. App. 2015
- First Baptist Church of St. Paul, et al v. City of St. Paul Minn. Ct. App. 2015
- In re the Matter of Boyd Jacob Phelps v. Lynnea Diana Sterling Minn. Ct. App. 2015
- Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton 869 N.W.2d 60 Minn. Ct. App. 2015
- Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton 869 N.W.2d 60 Minn. Ct. App. 2015
- In re the Matter of: Sara Marie Gasper o/b/o A. R. G., A. J. G. and A. L. … Minn. Ct. App. 2015
- Minnesota Police and Peace Officers Association, et al v. National Football League, et al., Regents of the University … Minn. Ct. App. 2015
- Carol Quinn, et al v. William G. Johnson, et al Minn. Ct. App. 2015
- In re the Estate of Esther Caroline Sullivan, Decedent 868 N.W.2d 750 Minn. Ct. App. 2015
- Shawn Halvorson v. Kristopher Todd From, Reliance Leasing, Inc., d/b/a Avis Rent A Car, et al Minn. Ct. App. 2015
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In re the Estate of Esther Caroline Sullivan, Decedent
868 N.W.2d 750
Minn. Ct. App. 2015
(stating that this court will not address matters not argued to or considered by the district court).
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Carol Quinn, et al v. William G. Johnson, et al
Minn. Ct. App. 2015
A defendant seeking to apply the two-year statute of limitations, which is an affirmative defense, “bears the burden of establishing that the claims are time-barred as a matter of law.” Nolan, d at 495 ().
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Shawn Halvorson v. Kristopher Todd From, Reliance Leasing, Inc., d/b/a Avis Rent A Car, et al
Minn. Ct. App. 2015
(“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)); Roberge v. Cambridge Coop.
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Minnesota Police and Peace Officers Association, et al v. National Football League, et al., Regents of the University …
Minn. Ct. App. 2015
(stating that appellate courts will not consider issues not argued to and decided by the district court); (stating that issues not briefed on appeal are waived).
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In re the Matter of: Sara Marie Gasper o/b/o A. R. G., A. J. G. and A. L. …
Minn. Ct. App. 2015
(“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.”).