Cited by
Opinions in Minnesota that cite Thiele v. Stich, 425 N.W.2d 580.
- State of Minnesota v. Larry Dusaun Gray Minn. Ct. App. 2024
- State of Minnesota v. David Stephan Herr Minn. Ct. App. 2024
- In the Matter of the Welfare of the Child of: S. W., Parent Minn. Ct. App. 2024
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In the Matter of the Civil Commitment of: Brendon Alan Tempel
Minn. Ct. App. 2024
d 580, 582 (Minn. 1988); (citing this aspect of Thiele in a civil-commitment appeal), rev. denied (Minn. June 21, 2016).
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State of Minnesota v. Shawna Ann Lang
Minn. Ct. App. 2024
We generally only consider issues that “were presented and considered by the trial court in deciding the matter before it.” ().
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Anne L Doering v. 2Care4U South, LLC, 4U Home Health Care South, LLC, Department of Employment and Economic …
Minn. Ct. App. 2024
Just as a party cannot obtain appellate review of an issue not raised to the ULJ, a party may not “obtain review by raising the same general issue litigated below but under a different theory.”
- L and T Tree Services, LLC, a Minnesota limited liability company v. Daniel J. Andersen, et al., Pine … Minn. Ct. App. 2024
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L and T Tree Services, LLC, a Minnesota limited liability company v. Daniel J. Andersen, et al., Pine …
Minn. Ct. App. 2024
(stating parties generally not allowed to raise either new issues or new theories on appeal).
- Matthew Davies v. Godfrey Simba Minn. Ct. App. 2024
- In re the Marriage of: Jessica Suzanne Cross v. Joseph Drew Cross Minn. Ct. App. 2024
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In the Matter of the Minnesota Racing Commission’s Approval of Running Aces Casino, Hotel & Racetrack’s Request to …
Minn. Ct. App. 2024
(holding that reviewing court must generally consider only issues previously considered and decided); (applying Thiele rule in appeal from agency decision).
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Frank Joseph Peach v. Commissioner of Public Safety
Minn. Ct. App. 2024
See Thiele v. Stich , (stating that appellate courts do not decide issues that have not been considered by the district court).
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State of Minnesota Office of the Attorney General v. Madison Equities, Inc.
Minn. Ct. App. 2024
(noting the principle that an appellate court generally will not consider matters not argued to and considered by the district court).
- Kelly Michels v. Terry Dean Johnson, Sr., et al Minn. Ct. App. 2024
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In re the Marriage of: Donald Gerard Sauve v. Haley Marie Lindstrom, f/k/a Haley Marie Sauve, County of …
Minn. Ct. App. 2024
2 Setting aside Sauve’s failure to preserve any error in a new-trial motion, Sauve’s brief to this court also fails to articulate what irregularity occurred or how he was deprived 2 Similarly, 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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Tal Sarusi individually and d/b/a Sealed Envelope LLC, et al v. Todd Laughlin individually and d/b/a LB Spray …
Minn. Ct. App. 2024
Because we generally consider only those matters that were argued to and decided by the district court
- James Thomas Miller v. Tarja L Lewis on Behalf of the Estate of Mark Thomas Pavelich, Deceased Minn. Ct. App. 2024
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Oehlerts & Sons Construction v. Thomas A. Baustian
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.” d 580, 582 (Minn. 1988) (quotation omitted).
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Pebble Creek LLC v. Yatta Emma Sao, John Doe, et al
Minn. Ct. App. 2024
6 (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. Benjamin Joseph Hill
Minn. Ct. App. 2024
alified from possessing firearms because, after the 2023 amendments removed his offenses from the 7 definition of “crimes of violence,” he no longer has disqualifying convictions on his record.2 But this is a different argument than the argument he made to the district court, and appellate courts do not consider arguments not made to and considered by the district court.3
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Twin City Underwriters, Inc. v. Heppner Insurance Agency, LLC, et al
Minn. Ct. App. 2024
See Thiele v. Stich , (stating that an appellate 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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Travis J Maahs, a Minnesota resident v. Menard, Inc., a foreign corporation, registered in Minnesota
Minn. Ct. App. 2024
(stating that appellate courts generally address only issues presented to and considered by the district court).
- Charlene Karen Jundt v. Marcus Edward Jundt Minn. Ct. App. 2024
- Kia Angel Barnes for self and on behalf of minor children v. Corey Holiday Minn. Ct. App. 2024
- In the Matter of the Welfare of the Child of: B. D. D. and D. A. A., Parents Minn. Ct. App. 2024
- Charlene Karen Jundt v. Marcus Edward Jundt Minn. Ct. App. 2024
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Kia Angel Barnes for self and on behalf of minor children v. Corey Holiday
Minn. Ct. App. 2024
App. P. 110.01 (defining the record on appeal); –83 (Minn. 1988) (emphasizing that appellate courts cannot base their rulings on matters outside the record on appeal).
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In the Matter of the Welfare of the Child of: B. D. D. and D. A. A., Parents
Minn. Ct. App. 2024
(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 Marriage of: Jacob Juta v. Fte-Hudani Achinge
Minn. Ct. App. 2024
See Thiele v. Stich , (“A reviewing court must generally consider only those issues that the record shows were presented and considered by the trial court .
- Renee Vasko, Relator v. County of McLeod Minn. 2024
- Renee Vasko, Relator v. County of McLeod Minn. 2024
- SECURA Insurance Company, as subrogee of Lance Goettl d/b/a TLG Farm Partnership v. Deere & Company, Kibble Equipment … Minn. Ct. App. 2024
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SECURA Insurance Company, as subrogee of Lance Goettl d/b/a TLG Farm Partnership v. Deere & Company, Kibble Equipment …
Minn. Ct. App. 2024
-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 re the Marriage of: Tracie Kay Fowler v. Erwin James Fowler, III
Minn. Ct. App. 2024
See Thiele v. Stich , (stating that appellate courts generally may consider only issues raised to and considered by the district court).
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Maria Olson, et al v. Hinshaw & Culbertson LLP
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.
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William Christopher Edrington v. Julianna Lynn Sheridan, et al
Minn. Ct. App. 2024
us. 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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In the Matter of the Welfare of J. D. C., Child
Minn. Ct. App. 2024
(holding that failure to raise issue in district court precludes consideration on appeal); -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.”).
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In the Matter of: Suad Mohamoud
Minn. Ct. App. 2024
d 580, 582 (Minn. 1988) (quotation omitted).
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Troy K Scheffler v. Lake Edward Township, County of Crow Wing
Minn. Ct. App. 2024
(“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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A23-1420
Minn. 2024
See Macy’s Retail Holdings, n.2 (Minn. 2017) ().
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In re the Marriage of: Teresa Marie Nordahl v. Steven Edward Nordahl
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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Mike Allen Homes, LLC v. Matthew Alan Hiley, et al
Minn. Ct. App. 2024
Assocs., (stating that appellate courts generally address only those questions previously presented to and considered by the district court).
- Angie M. Barsness, et al v. Fairview Health Services Minn. Ct. App. 2024
- Kay "KT" Jacobs v. City of Columbia Heights 9 N.W.3d 536 Minn. 2024
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Kay "KT" Jacobs v. City of Columbia Heights
9 N.W.3d 536
Minn. 2024
“A reviewing court must generally consider ‘only those issues that the record shows were presented and considered by the trial court.’ ” (quoting Thayer v. Am.
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Sheila Maurise Burski v. State of Minnesota
Minn. Ct. App. 2024
But “[a] party may not ‘obtain review by raising the same general issue litigated below but under a different theory.’” n.2 (Minn. 2015) (d 580, 582 (Minn. 1988)).
- Christina Berrier v. Minnesota State Patrol 9 N.W.3d 368 Minn. 2024
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Christina Berrier v. Minnesota State Patrol
9 N.W.3d 368
Minn. 2024
–83 (Minn. 1988) (stating that a party may not obtain review on “the same general issue litigated below but under a different theory” and concluding that the court of appeals improperly considered a question not litigated in the district court); (declining to rea
- In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk Minn. Ct. App. 2024
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Mahmood Khan v. City of Minneapolis, Hennepin County
Minn. Ct. App. 2024
(declining to consider an issue raised for the first time on appeal).