Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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In the Matter of: Cristina Lillian Mactaggart v. Jeffrey Allen Westad
Minn. Ct. App. 2025
(stating that appellate courts generally address only those questions previously presented to and considered by the district court).
- Craig Stevenson, et al v. Sean Stevenson, et al Minn. Ct. App. 2025
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James Ervin Owen v. State of Minnesota
Minn. Ct. App. 2025
d 580, 582 (Minn. 1988) (providing 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)); (stating that an appellate court does not “
- In the Marriage of: Maren Ilsa Moseng v. Keith Dwain Moseng Minn. Ct. App. 2025
- In the Matter of Jesse Michael Campbell and On Behalf of Minor Children v. Raenell Sue Oelkers Minn. Ct. App. 2025
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Capital Construction, LLC v. Nicholas Hanzlik, et al
Minn. Ct. App. 2025
But “[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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In Re the Marriage of: Veronica Velaquez Barron v. Amin Foued Abdelwahed
Minn. Ct. App. 2025
App. P. 110.01; -83 (Minn. 1988) (“An 17 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 [at the district court].”).
- Constance M Johnson, et al v. Joseph Chris Hernandez, unknown tenants Minn. Ct. App. 2025
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In re the Marriage of: Amanda Marie-Gladys Johnson v. Joseph Lyle Johnson
Minn. Ct. App. 2025
d 580, 582 (Minn. 1988) (concluding that appellate courts only consider issues presented to and considered by district court).
- In re: Carmen L. Start Revocable Trust and Thelma R. Start Revocable Trust Minn. Ct. App. 2025
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Antonio Ray Seals, Jr., a minor child by his Mother and Natural Guardian Marciana Davis v. Childrens Health …
Minn. Ct. App. 2025
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); (“[O]n appeal error is never presumed.”).
- Julianne E. Micken v. Daniel Schierschmidt, et al Minn. Ct. App. 2025
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In the Marriage of: Brandon Dale Madery v. Rebecca Ann Madery
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)).
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Lydia Louise Monahan v. MN Department of Human Services, et al
Minn. Ct. App. 2025
Assocs., (“[A]n undecided question is not usually amenable to appellate review.”); (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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Raymond Semler v. Susan Johnson, et al
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.”); Minn. R. Civ.
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In the Matter of the Welfare of the Children of: J. V. Z., Father
Minn. Ct. App. 2025
“[T]his court generally considers only th ose issues argued before and considered by the district court.” ().
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Discover Bank v. Leon M Wiechmann
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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Thomas Noree v. Philip Wong LLC, et al
Minn. Ct. App. 2025
(explaining that appellate courts review “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 Marriage of: Karen Dennie v. Ricky Dennie
Minn. Ct. App. 2025
(“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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Juan Silva v. State of Minnesota
Minn. Ct. App. 2025
ave no postconviction ruling to review.”); (explaining that appellate courts “generally will not decide issues which were not raised before the district court”); n.5 (Minn. App. 2022) (“an appellate court will not consider matters not argued to and considered by the district court” (), aff’d, d 579 (Minn. 2024); see also Hoyt Inv.
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Laurissa Wredberg v. Canvas Health, Inc.
Minn. Ct. App. 2025
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.”
- Jerome E. Johnson v. Stacy A. Bee, Cheryl Steele Minn. Ct. App. 2025
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In the Marriage of: Neil Mark Hatfield v. Jennifer M. Hatfield, County of Itasca, Intervenor
Minn. Ct. App. 2025
Indeed, the district court made express findings about the domestic abuse—which occurred before the May 2019 final judgment and decree, when the district court awarded the parties joint legal custody pursuant to the parties’ agreed-upon resolution—and Meyer, () (other citations omitted).
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Smith Jadin Johnson, PLLC, et al v. Minnesota Lawyers Mutual Insurance Company
Minn. Ct. App. 2025
Assocs., (“[A]n undecided question is not usually amenable to appellate review.”); see also Thiele v. Stich , (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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State of Minnesota v. Khalid Isse Adam
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.” ( 9 (Minn. 1988)).
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State of Minnesota v. Jodi Linn Anderson
Minn. Ct. App. 2025
(arguments raised for the first time on appeal are generally forfeited); Johnson v. Paynesville Farmers Union Coop.
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In the Matter of the Appeal of the determination of the Responsible Authority for the Minnesota Department of …
Minn. Ct. App. 2025
n.2 (Minn. App. 1992) (applying Thiele in an appeal from an ALJ’s decision), rev. denied (Minn. Dec.
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In the Matter of the Hazardous/Nuisance Property and Building Located at 118 1st Street East, Maple Lake, Minnesota; …
Minn. Ct. App. 2025
(stating that appellate courts “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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Larry Koch v. Riley Purgatory Bluff Creek Watershed District, et al
Minn. Ct. App. 2025
Because the record does not indicate that Koch argued to the district court that his complaint raised substantial constitutional or statutory-construction issues, and we decide “only those issues that the record shows were presented [to] and considered by the [district] court in deciding the matter before it,” (quotation omitted), we conclude that Koch forfeited this issue.
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In the Marriage of: Amber Rose Atak v. Ker Yel Yel Atak
Minn. Ct. App. 2025
Because Atak did not make this argument before the district court
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Joy Litke, et al v. Home Heritage Holdings, LLC, et al., Larson Abstract Company, Inc., vs. Wausau Homes, …
Minn. Ct. App. 2025
Assocs., (“[A]n undecided question is not usually amenable to appellate review.”); (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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In the Marriage of: Sarah Lynn Nelson, n/k/a Sarah Lynn Derry v. Abel Aaron Nelson
Minn. Ct. App. 2025
(providing that issues not raised in the district court are not preserved for appellate review).
- In the Matter of the Civil Commitment of: Dena Joy Alexander Minn. Ct. App. 2025
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In the Matter of the Civil Commitment of: Dena Joy Alexander
Minn. Ct. App. 2025
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); see In re Civ.
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State of Minnesota v. Decarieon Dupra Scurlock
Minn. Ct. App. 2025
A party cannot “obtain review by raising the same issue litigated below but under a different theory.” Thiele v. Stich , (applying Thiele to a criminal case).
- REE Mahtomedi Apartments LLC v. Vivian Marquez Ruiz, et al., Nekiel Bass Minn. Ct. App. 2025
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In re the Guardianship of Gretchen Lucking
Minn. Ct. App. 2025
Thus, the question of the standard for obtaining an evidentiary hearing on a motion to remove a guardian and appoint a (stating that appellate courts address only those questions previously presented to and 2 LSS argues that the district court did not err by dismissing Perna’s petition because it was a petition for guardianship, not to remove a guardian and appoint a successor guardian.
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In the Matter of the Application of Marco Quinton Hanlon for a Change of Name
Minn. Ct. App. 2025
We generally only consider “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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Sean Bruce Henry v. Servion, Inc.
Minn. Ct. App. 2025
Because we generally do not address issues not presented to and considered by the district court, we decline to consider Henry’s tolling argument for the first time on appeal.
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In the Matter of: Maria Cristina Gallo-Valdivia v. Christopher Graham Hanson, County of Anoka, Intervenor
Minn. Ct. App. 2025
(stating that appellate courts address only those questions previously presented to and considered by the district court).
- In re the Matter of: Deandre D’Shaun Adams v. Antoinette York Minn. Ct. App. 2025
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In the Marriage of: Allison Baron Bonnett v. Theodore James Bonnett
Minn. Ct. App. 2025
Further, generally, “litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below[,]” and we “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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Travis Widner v. Ace Auto Parts & Salvage Co. d/b/a Ace Auto Parts
Minn. Ct. App. 2025
See Thiele v. Stich , (“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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Vincent James Cobbs v. Drew Evans, Superintendent, Bureau of Criminal Apprehension
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)).
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In the Matter of the Welfare of the children of: P. M., R. S., R. E., Parents
Minn. Ct. App. 2025
Thus, because mother neither initially contested the point nor sought relief on the point later, (stating that appellate courts generally do not consider matters not presented to the district court on appeal).
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In the Marriage of: Sarah Elizabeth Lavins v. Brock Laverne Lavins
Minn. Ct. App. 2025
And we “may not base [our] 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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Absolute Resolutions Investments, LLC v. Ari D Clark
Minn. Ct. App. 2025
(“A reviewing court must generally 9 consider only those issues that the record shows were presented and considered by the [district] court in deciding the matter before it.” (quotations omitted)).
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Serene E. Warren, as beneficiary of the 2011 Arizona NG Trust 102, 8008 Meadow Trust 102, 2011 Lafayette …
Minn. Ct. App. 2025
“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).
- State of Minnesota v. Christopher Don Boswell Minn. Ct. App. 2025
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Application for a Sulfate Site-Specific Standard for Hay Lake (AUID 31-0037-00), located downstream of the U.S. Steel - …
Minn. Ct. App. 2025
(“Procedurally under [the Minnesota Administrative Procedure Act (MAPA)], when challenging an agency’s enforcement of an unpromulgated rule, a party must first seek a determination from an ALJ.”).