Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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Minnesota Nurses Association v. McLeod County, Public Employment Relations Board
Minn. Ct. App. 2026
Generally, a party may not “obtain review by raising the same general issue litigated below but under a different theory.” see also Law Enf’t Lab.
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Linda A. Trampusch v. Truck Insurance Exchange
Minn. Ct. App. 2026
(“A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.” (quotation omitted)).
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In the Matter of the Welfare of the Child(ren) of: T. K. H., B. M. P., G. J. …
Minn. Ct. App. 2026
(holding that we generally do not entertain arguments that were not “presented and considered by” the district court).
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In re the Marriage of: Jamie Natalie Gore v. Seth Patrick Gore
Minn. Ct. App. 2026
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); see also Thomas A. Foster & Assocs., (“An appellate court ordinarily may not consider matters outside the record.
- Dametria White, et al., as co-trustees for the next-of-kin of Helayne Bass, deceased v. Park Nicollet Clinic Minn. Ct. App. 2026
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Matter of the University of Minnesota v. Haishan Yang
Minn. Ct. App. 2026
“Generally, we will not consider an issue not addressed below.” ().
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Shawn Patrick Agar v. State of Minnesota
Minn. Ct. App. 2026
(observing that appellate courts generally will not consider matters not raised to the district court).
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State of Minnesota v. Paolo R Contreras Hernandez
Minn. Ct. App. 2026
(stating that appellate courts “consider only those issues that the record shows were presented and considered by the [district] court in deciding the matter before it” (quotation omitted)); (holding that in reviewing a district court’s dec
- A25-0410 State of Minnesota, by its Attorney General, Keith Ellison v. American Petroleum Institute (A25-0407) (A25-0408, A25-0410), Exxon … Minn. Ct. App. 2026
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A25-0410 State of Minnesota, by its Attorney General, Keith Ellison v. American Petroleum Institute (A25-0407) (A25-0408, A25-0410), Exxon …
Minn. Ct. App. 2026
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); see also Minn. Sands, d at 199 n.15 (declining to consider the argument that the law at issue imposed an undue burden on interstate commerce where the argum
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In Re the Marriage of: Erica Leigh Riehm v. Harold Andrew Riehm
Minn. Ct. App. 2026
We do not base our decisions on matters outside the record on appeal and do “not consider matters not produced and received in evidence below.” -83 (Minn. 1988); d 166, 177 (Minn. App. 2007) (granting a motion to strike documents not considered by decision-maker who made the decision being reviewed).
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Sarah Nicole Belich and on Behalf of Minor Child(ren) v. Bradley Thomas Belich
Minn. Ct. App. 2026
(“A reviewing court must generally consider only those issues that the record shows were 2 Appellant relatedly argues that certain comments that the district court made about his behavior demonstrate bias.
- Nona Chubboy v. Brian Chubboy Minn. Ct. App. 2026
- In re the Estate of Oria Albert Brinkmeier, Deceased Minn. Ct. App. 2026
- In the Matter of the Complaint of Troy Scheffler Regarding Representative Joshua Heintzeman and the Committee to Elect … Minn. Ct. App. 2026
- In the Matter of the Civil Commitment of: Lisa Jo Breitkreutz Minn. Ct. App. 2026
- Grande Market Place Limited Partnership v. Yolanda Salgado, Yazmine Brown Salgado Minn. Ct. App. 2026
- Jenna Marie Benzinger v. Roger Tabet Minn. Ct. App. 2026
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Jenna Marie Benzinger v. Roger Tabet
Minn. Ct. App. 2026
Stich, -83 (Minn. 1988) (quotation omitted).
- In the Matter of the Complaint of Troy Scheffler Regarding Representative Joshua Heintzeman and the Committee to Elect … Minn. Ct. App. 2026
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In the Matter of the Civil Commitment of: Lisa Jo Breitkreutz
Minn. Ct. App. 2026
First, Breitkreutz did not raise this issue in the district court, and it is not 12 (holding that appellate courts generally do not consider issues that were not raised in and decided by the district court).
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In re the Estate of Oria Albert Brinkmeier, Deceased
Minn. Ct. App. 2026
-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.” (emphasis added); see also Minn. R. Civ.
- Grande Market Place Limited Partnership v. Yolanda Salgado, Yazmine Brown Salgado Minn. Ct. App. 2026
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Peter Richard Rickmyer, Appellant, vs. Xenos Letoi Brooks, R e s pondent.
Minn. Ct. App. 2026
App. P. 110.01; -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 re the Marriage of: Todd Charles Bork v. Carolyn Mitsu Bork Minn. Ct. App. 2026
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In re the Marriage of: Todd Charles Bork v. Carolyn Mitsu Bork
Minn. Ct. App. 2026
(holding that appellate courts generally review only “those issues that the record shows were presented to and considered by the trial court in deciding the matter before it”).
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In the Matter of the Ronald E. Roehrs Trust Dated August 9, 1999
Minn. Ct. App. 2026
(“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 19 omitted)).
- In the Matter of the Appeal by Hawa Abdulle, Ayan Home Health Care, LLC, and Hawa Abdulle Adult … Minn. Ct. App. 2025
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In the Matter of the Appeal by Hawa Abdulle, Ayan Home Health Care, LLC, and Hawa Abdulle Adult …
Minn. Ct. App. 2025
(stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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In re the Matter of: Femi Joseph Daramola v. the Commissioner of Human Services, et al
Minn. Ct. App. 2025
The supreme court has identified circumstances in which equitable tolling may be permitted: when the plaintiff can show that they were prevented from timely filing by “paramount authority” or circumstances completely out of the plaintiff’s control; or when -83 (Minn. 1988).
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In the Matter of the Civil Commitment of: Guy Israel Greene
Minn. Ct. App. 2025
“A reviewing court must generally 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)); (stating that an appellate court generally will not “decide issues which are not first addressed by the trial court and are raised for the first time on appeal even if the issues involve constitutional questions regard
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In re the Matter of: David Terrance Kellogg v. Alyssa Leigh Freund
Minn. Ct. App. 2025
see also Beaulieu v. Minn. Dep’t of Human Servs., -24 (Minn. 2013) (recognizing that claims of res judicata and collateral estoppel may be forfeited if not adequately raised in district court); (Minn. App. 2007
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State of Minnesota v. Harold Wayne Sorenson
Minn. Ct. App. 2025
A party also may not “obtain review by raising the same general issue litigated below but under a different theory.” ().
- Maxwell Harvey v. Aubrey Dudley, et al., Josh Barlage, et al., Referee Brad Davick Minn. Ct. App. 2025
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In the Matter of: Marineisy Jimenez Rosario v. Robert Eliazar Villanueva
Minn. Ct. App. 2025
- 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.”) ; see Minn. R. Civ.
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State of Minnesota v. Ahmed Mohamed Hassan
Minn. Ct. App. 2025
(“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)).
- Kareem INC v. Property Seized by Minnesota Department of Revenue in Goodhue County et al Minn. Ct. App. 2025
- Reyzl Grace MoChridhe v. Academy of Holy Angels, Archdiocese of St. Paul and Minneapolis Minn. Ct. App. 2025
- Kidane Sante Shulbe v. Ashley Rose Henke Minn. Ct. App. 2025
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Reyzl Grace MoChridhe v. Academy of Holy Angels, Archdiocese of St. Paul and Minneapolis
Minn. Ct. App. 2025
“A reviewing court must generally 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).
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Kidane Sante Shulbe v. Ashley Rose Henke
Minn. Ct. App. 2025
ate does not have authorit[y] over the district court judge and cannot consolidate the child support subject matter issue to be addressed under the child custody and parenting time subject matter.” “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.” (quotations omitted).
- Kareem INC v. Property Seized by Minnesota Department of Revenue in Goodhue County et al Minn. Ct. App. 2025
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In re the Marriage of: John A Laumann v. Kelly M Laumann
Minn. Ct. App. 2025
First, a party cannot raise a new issue on appeal, “[n]or may a party obtain review by raising the same general issue litigated below but under a different theory.”
- In the Matter of the Trust Created under Agreement By and Between Barbara A Gaughan, Settlor, and Barbara … Minn. Ct. App. 2025
- In the Matter of: Anthony Michael Webster, II On Behalf of Minor Child(ren) v. Sefaint Atkins Minn. Ct. App. 2025
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In the Matter of: Anthony Michael Webster, II On Behalf of Minor Child(ren) v. Sefaint Atkins
Minn. Ct. App. 2025
(noting appellate courts cannot consider facts outside the record); see Minn. R. Civ.
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In the Matter of the Trust Created under Agreement By and Between Barbara A Gaughan, Settlor, and Barbara …
Minn. Ct. App. 2025
We first address Lighthouse’s position that Bjorkman’s argument is forfeited 4 and then turn to Bjorkman’s argument that the district court abused its discretion.
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In the Marriage of: Kimberly Ann Young v. Charles Wayne Young, Jr.
Minn. Ct. App. 2025
(“A reviewing court must generally consider only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it.” (quotation omitted)).
- In Re the Custody of A.L.A.; Bamidele Adetifa v. Betiel Ambaye Mehari, Dakota County Minn. Ct. App. 2025
- In re the marriage of: Lori Ann Saari v. Mark Steven Saari Minn. Ct. App. 2025