Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
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Franke E Carpenter, III, et al v. Michael Carpenter, et al
Minn. Ct. App. 2025
(stating general rule “that litigants are bound [on appeal] by the theory or theories, however erroneous or improvident, upon which the action was actually tried below”).
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515 W. Lake LLC as successor in interest to Michael Carlson and Jeanne Carlson v. Ikram Childcare Center …
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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Ronald A. Hagle v. Gossett Properties LLC, et al., John Doe, et al
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)); see also Singelman v. St.
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Mitchell David Schultz, et al v. Christine Marie Schultz
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.” Thiele v. Stich , -83 (Minn. 1988); see also Hoyt Inv.
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Kimi Bragdon v. Anthony Allen Davis, Jr.
Minn. Ct. App. 2025
(concluding that appellate courts only consider issues presented to and considered by district court).
- William Jay Tietz v. Janice Mae Tietz Minn. Ct. App. 2025
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Shona Tahiro, parent and natural guardian of Ramaden Waliye, a minor v. The Higher Ground Academy, Pride Transportation …
Minn. Ct. App. 2025
or of the bus must be viewed in light of the duty he owed to the child a t the time and place of the accident” and rejecting the plaintiff’s view that the bus driver should have anticipated that his speed as he approached the intersection “would increase or diminish the danger of 3 It is arguable that appellant is raising a new negligence theory on appeal, in violation of Thiele v. Stich , (“Nor may a party obtain review by raising the same general issue litigated below but under a different the
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In Re the Custody of N.M.L.J. -- Ebony Reyes, et al v. Kathy Jean Newago
Minn. Ct. App. 2025
This new argument is not properly before us, s ee Lewis-Miller, d at 570 (), but we address it in the interests of justice.
- In the Matter of the Welfare of the Children of: A. V., Parent Minn. Ct. App. 2025
- Minnesota Lawyers Mutual Insurance Company v. Bradshaw & Bryant Law Office PLLC Minn. Ct. App. 2025
- Daniel Brehmer v. Knife River Materials, Nebish Township, Beltrami County Minn. Ct. App. 2025
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State of Minnesota v. Eniwo Daniel Udezi
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.” ().
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State of Minnesota v. Hollis John Larson
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.” Thiele v. Stich , (quotation omitted).
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In re the SUPERVISED Estate of David Victor Page, Deceased
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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Issiaka Isaac Traore v. Essa Sissoho, Terra Pointe Apartments, et al
Minn. Ct. App. 2025
(asserting that appellate courts generally will not consider matters not argued to or considered by the district court).
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State of Minnesota v. Terry Wayne Watts
Minn. Ct. App. 2025
Assocs., (stating that appellate courts generally address only those questions previously presented to and considered by lower court).
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In re the Marriage of: Towobola Abimbola Oladejo v. Olanrewaju Muideen Oladejo
Minn. Ct. App. 2025
d 580, 582 (Minn. 1988) (“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.”).
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Timothy Michaels v. Fresh Vine Wine, Inc.
Minn. Ct. App. 2025
(holding appellate courts do not consider arguments not “presented and considered by the [district] court” (quotation omitted)), (explaining that an argument is forfeited if a party does not cite to, and analyze, applicable law).
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Anshuman Bhatia, et al v. Joseph Anderson, et al
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)).
- In re the Marriage of: Mary Ellen Rice (FKA) Block v. William Ray Block Minn. Ct. App. 2025
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In the Matter of the Civil Commitment of: Bruce Ray Fairbanks
Minn. Ct. App. 2025
And because we generally do not consider arguments not raised before and decided by the district court, we need not address his contention that the district court errantly relied on his refusal to testify to draw an adverse inference that his actions were sexually motivated.
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In re the Guardianship of: Doris Anita Seward
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.” -83 (Minn. 1988) (quotation omitted).
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In the Matter of the Obstruction of Renville County Ditch 59
Minn. Ct. App. 2025
- 83 (Minn. 1988); (noting “the record in a certiorari appeal consists of the papers filed, the exhibits, and transcripts” (citing Minn. R. Civ.
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Lorob Properties LLC, et al v. Robert Roedl
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: Rodney Tristan Miller (Deceased) v. Pamela Marie Spera FKA Pamela Marie Miller, Maria …
Minn. Ct. App. 2025
(stating 13 that we generally address only those questions previously presented to and considered by the district court).
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Sylvester L. Zurn, individually and as beneficiary of the Sylvester L. Zurn Trust, dated December 30, 2002, et …
Minn. Ct. App. 2025
Assocs., d 173, 175 (Minn. 1988); (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. Justin Nicholas Boggs
Minn. Ct. App. 2025
It is well settled that appellate courts “generally will not decide issues which were not raised before the district court.” d 354, 357 (Minn. 1996); (stating that appellate courts do not consider issues on appeal that were not p resented to, and considered by, the district court).
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United Christian Fellowship Church, et al v. Spire Credit Union, Jennifer L. Urban, et al
Minn. Ct. App. 2025
As a result, (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
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Brian’s Lawn & Landscaping, Inc. dba Rock Hard Landscape Supply v. Last Chance Ranch, Inc., et al
Minn. Ct. App. 2025
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).
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James Dennis Omwenga v. Wallace Rasugu, NewGen Contractors L.L.C.
Minn. Ct. App. 2025
(stating that generally, a reviewing court must only consider issues that were presented to and considered by the district court).
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State of Minnesota v. Edin Arnold Sanchez
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.” ().
- Dalvin Cook v. Gracelyn Trimble, et al., Coley Grostyan Minn. Ct. App. 2025
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Rebecca L Bersch v. Sharon K Hills
Minn. Ct. App. 2025
consider matters not produced and received in evidence below.” -83 (Minn. 1988); see also Minn. R. Civ.
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In re the Marriage of: Tracy Marie Desmond v. Michael Frederick Desmond
Minn. Ct. App. 2025
Generally, “[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.” -83 (Minn. 1988).
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Sandra Kay Brown v. Erik James Klein
Minn. Ct. App. 2024
We 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).
- In re the Marriage of: Xiaoyan Sun v. Qiang Yang Minn. Ct. App. 2024
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In the Matter of the Welfare of: D. C. D., Child
Minn. Ct. App. 2024
(stating that appellate courts generally address only those questions previously presented to and considered by the district court).
- State of Minnesota v. Charles Alvin Weber Minn. Ct. App. 2024
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ExteNet Systems, LLC v. Sherman Associates, Inc.
Minn. Ct. App. 2024
(“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. Donald Ray Shellito
Minn. Ct. App. 2024
Therefore, (stating 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.” () (other quotation omitted)).
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Amy Sweasy Tamburino v. Michael O. Freeman, David Hough, et al
Minn. Ct. App. 2024
(stating that appellate courts generally address only those questions previously presented to and considered by the district court); Moorhead Econ.
- Continental Clay Company Inc v. Foundry L.L.C. Minn. Ct. App. 2024
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In re the Marriage of: Edward Luke Lazzaro v. Susan Louise Coen
Minn. Ct. App. 2024
(holding that appellate courts must only consider arguments that were “presented and considered” by the district court (quotation omitted)).
- Albany Ready Mix, Inc. v. Craig Reinke, et al Minn. Ct. App. 2024
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Lexie Peterson, as trustee for the heirs and next-of-kin of Emmanuel O. Ulubiyo, deceased v. Riverview Healthcare Association, …
Minn. Ct. App. 2024
“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 by Peters Sunset Beach, Inc., et al v. Pope County
Minn. Ct. App. 2024
“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).
- Richard Preston Blackwell v. McDonald’s Staff, County of Dakota, City of Inver Grove Heights Minn. Ct. App. 2024
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In re the matter of: Tiffany Dust f/k/a Tiffany Dust-Chlebik v. Beau Kevin Wayne f/k/a Kevin Chlebik
Minn. Ct. App. 2024
12 “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.” Thiele v. Stich , (quotation omitted).
- In the Matter of the Appeal by Kehinde Yusuf and Caring for Adults of the Order of License … Minn. Ct. App. 2024
- In the Matter of the Appeal by Kehinde Yusuf and Caring for Adults of the Order of License … Minn. Ct. App. 2024