Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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In re the marriage of: Lori Ann Saari v. Mark Steven Saari
Minn. Ct. App. 2025
(stating that we generally will not consider matters not argued to and considered by the district court); (stating that “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually
- In the Matter of the Civil Commitment of: Elakie Fale Minn. Ct. App. 2025
- In the Matter of the Welfare of the Child of: B. L. and B. T., Parents., A25-0623, Court … Minn. Ct. App. 2025
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In the Matter of the Civil Commitment of: Elakie Fale
Minn. Ct. App. 2025
App. P. 110.01 (stating that the record on appeal is limited to the exhibits, transcripts, and documents filed in the district court); (stating that “[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”).
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In the Matter of the Welfare of the Child of: B. L. and B. T., Parents., A25-0623, Court …
Minn. Ct. App. 2025
We recognize that “[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, d 680, 696 (Minn. App. 2024) (applying Thiele in a juvenile-protection context), rev. denied (Minn. July 19, 2024).
- In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson Minn. Ct. App. 2025
- State of Minnesota v. Justin Bradley Camp Minn. Ct. App. 2025
- In the Matter of the Welfare of the Child of: S. F., Commissioner of Children, Youth, and Families, … Minn. Ct. App. 2025
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State of Minnesota v. Justin Bradley Camp
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.”).
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In the Matter of the Welfare of the Child of: S. F., Commissioner of Children, Youth, and Families, …
Minn. Ct. App. 2025
(stating that appellate courts generally address only those issues presented to and considered by the district court); State, Dep’t of Labor & Indus.
- In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson Minn. Ct. App. 2025
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In the Marriage of: Justin Benjamin Merritt v. Virginia Witherspoon Merritt
Minn. Ct. App. 2025
“An appellate court ordinarily may not consider matters outside the record.” Thomas A. Foster & Assocs., (– 83 (Minn. 1988)).
- In the Matter of the Petition of Todd Geske to Cease Enforcement of an Unadopted Rule Pursuant to … Minn. Ct. App. 2025
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Kimberly Hamson, et al v. The Foothills Christian Academy Society of Backus, MN, et al
Minn. Ct. App. 2025
See In re Application of Otter Tail Power Co. , n.5 (Minn. 2020) (noting that an appellant may not raise an issue for the first time in a reply brief); (concluding that a reviewing court may only consider issues that were presented to and considered by the district court).
- In re Defense and Indemnification of Alexander Vladimir Brown Minn. Ct. App. 2025
- Cass County, Respondent, vs. Rhonda Aho, Appellant Minn. Ct. App. 2025
- Mary Nesgoda v. County of Le Sueur, et al Minn. Ct. App. 2025
- Cass County, Respondent, vs. Rhonda Aho, Appellant Minn. Ct. App. 2025
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In re Defense and Indemnification of Alexander Vladimir Brown
Minn. Ct. App. 2025
31 matter before it.” (), aff’d, d 178 (Minn. 2024); (discussing the Thiele forfeiture analysis in the context of a certiorari appeal).
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Mary Nesgoda v. County of Le Sueur, et al
Minn. Ct. App. 2025
(stating that reviewing court generally will consider only issues raised and considered below); (applying Thiele in certiorari appeal).
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Randy Dale Sixta v. Lincoln County Sheriff’s Office
Minn. Ct. App. 2025
(noting appellate courts only consider those issues argued before and considered by the district court).
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John Paul Haik v. Professional Educator Licensing and Standards Board
Minn. Ct. App. 2025
(declining to consider issues that the record shows were not presented to and considered by the district court).
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Robert Goerdt, et al v. Dennis Goerdt, et al
Minn. Ct. App. 2025
12 same general issue litigated below but under a different theory.”
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Abdikafi Fowzi Abdi v. John Norman Melchior
Minn. Ct. App. 2025
(stating that a party may not “obtain review by raising the same general issue litigated [at the district court] but under a different theory”).
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State of Minnesota v. Robert Lee Stahlman
Minn. Ct. App. 2025
“Generally, a reviewing court will consider only those issues that were presented to and considered by the district court.” d 640, 652 (Minn. App. 2025) (), rev. denied (Minn. June 25, 2025).
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Brindalyn P. Foster v. Fairview Health Services
Minn. Ct. App. 2025
“An appellate court ordinarily may not consider matters outside the record.” Thomas A. Foster & Assocs., (– 83 (Minn. 1988)).
- In the Matter of: Natalie Storm Pettit AND obo Minor Children v. Jeremy Pettit Minn. Ct. App. 2025
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John Frederick Haugen v. Commissioner of Public Safety
Minn. Ct. App. 2025
(stating that a party may not “obtain review by raising the same general issue litigated below but under a different theory”).
- Ty Bernard v. Superset Tile & Stone, LLC Minn. Ct. App. 2025
- County of Dakota, ex rel., Michelle Marie Hinz v. Bryan Arthur Rittweger Minn. Ct. App. 2025
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County of Dakota, ex rel., Michelle Marie Hinz v. Bryan Arthur Rittweger
Minn. Ct. App. 2025
(stating that appellate courts “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)).
- In re the Estate of Irvin John Cooper, Sr., Deceased Minn. Ct. App. 2025
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In re the Marriage of: Kari Lynn Volk v. Martin Douglas Volk
Minn. Ct. App. 2025
(stating that appellate courts 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)); (explaining that inadequately briefed arguments ar
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State of Minnesota v. Jason Lloyd Swick
Minn. Ct. App. 2025
“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).
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State of Minnesota v. Timothy Dustin Johannes
Minn. Ct. App. 2025
-42 (Minn. 2011) (analyzing whether interests-of-justice exception was properly before its court for consideration and analyzing merits of the claim); 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)); (citing Thiele in a criminal case).
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Benchmark Investments, LLC v. Jennifer Mark, et al
Minn. Ct. App. 2025
B ut because the district court considered and decided that the lease was unambiguous and that extrinsic evidence regarding tenants’ communications with Renters Warehouse therefore could not be considered, (“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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John August Krueger v. State Farm Mutual Automobile Insurance Company
Minn. Ct. App. 2025
“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).
- Ger Xiong v. Quality Extrusion, Department of Employment and Economic Development Minn. Ct. App. 2025
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Ger Xiong v. Quality Extrusion, Department of Employment and Economic Development
Minn. Ct. App. 2025
(d 580, 582 (Minn. 1988)) (declining to review issues not raised before the ULJ), rev. denied (Minn. June 21, 2022).
- Jaguar Communications, LLC (A25-0090) v. Daniel Petsinger (A25-0025) Minn. Ct. App. 2025
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In re the Marriage of: Brian Wayne Kusie v. Stephanie Louise Kusie
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); Morehouse v. Comm’r of Pub.
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State of Minnesota v. Kyle Jacob Kocurek
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.” ( Nonprecedential opinions in this opinion are cited for their persuasive value.
- Daniella Marie Chavez v. Fei Zhan Minn. Ct. App. 2025
- Brian Michael Steidl v. Commissioner of Public Safety Minn. Ct. App. 2025
- Raymond Kvalvog v. Garth Unke, et al Minn. Ct. App. 2025
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State of Minnesota v. Derrick Laton Ponder
Minn. Ct. App. 2025
(stating that appellate courts 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 the Matter of Caitlin Alexandra Valentine-Johnston, Caitline Alexandra Valentine-Johnston v. Robert Andrew Reidy
Minn. Ct. App. 2025
–83 (Minn. 1988); see also Minn. R. Civ.
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Orono Oaks Volunteer Road Association v. Orono Oaks Association, Inc.
Minn. Ct. App. 2025
Moreover, because the road association did not assert any associational injury before the district court, (stating that an appellate court’s review is generally limited to those issues presented to, and considered by, the district court).
- State of Minnesota, by its Commissioner of Transportation, vs David P Williams, doing business as Bear Track Outfitting … Minn. Ct. App. 2025
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State of Minnesota, by its Commissioner of Transportation, vs David P Williams, doing business as Bear Track Outfitting …
Minn. Ct. App. 2025
Generally, we do not consider an issue raised for the first time on appeal; “[n]or may a party obtain review by raising the same general issue litigated below but under a different theory.” (quoting this aspect of Thiele).