Cited by

On appeal, a party cannot “obtain review by raising the same general issue litigated below but under a different theory.” (applying Thiele in a criminal case).

(stating that 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”); (refusing to consider important constitutional challenges to an involuntary termi

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.”

(observing that appellate courts generally will not review matters not presented to and considered by the district court); see also In re A.D., 7 reasonable mind might accept as adequate to support a conclusion, and more than a scintilla, some, or any ev

(“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)).

nconstitutionally vague because “there is no difference between the conduct the two statutes cover.” Weiland asserts that “[t]he crimes of first-degree premeditated murder and second-degree intentional murder are thus void, as are all convictions and sentences under them.” Weiland did not make this argument to the district court, (stating that appellate courts generally will not consider matters not argued to and considered by the district court); Roby 14 v. State, (stating that appellate courts

(stating that appellate courts generally address only those questions previously presented to and considered by the district court).

(holding that appellate courts will not consider matters not argued to and considered by the district court); see also Plowman v. Copeland, Buhl & Co., (“It is well settled that an appellate court may not base its decision on matters outside the record on appeal, a

(stating that appellate courts generally address only those questions previously presented to and considered by the district court).

(stating that the court will not consider issues not presented earlier in the case).

& Healthcare Servs., (“If the record were to remain open after summary judgment, a ruling on a pretrial summary judgment motion would be subject to continued changes throughout the course of litigation as new evidence was discovered and submitted.”); (stating that an appellate court generally considers “only those issues that the record shows were presented and considered by the trial court in deciding the matter before it” (quotation omitted)).

See McBee v. Team Indus., Inc., (stating that a genuine issue of material fact may not be established by “unverified and conclusory allegations” (quotation omitted)); (stating that a party opposing a motion for summary judgment cannot rely on the pleadings’ bare allegations, but must specifically show there are genuine issues of fact).

26 The supreme court has stated, “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.’” (quoting Thayer v. American Fin.

“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); see also Michaels v. First USA Title, LLC, (citing Thiele and stating that “[w]e .

(explaining that a reviewing court considers only those issues presented to and considered by the district court); (explaining that arguments not briefed are waived); n.2 (Minn. 2022) (demonstrating

1 Generally, appellate courts will not consider issues not argued to and considered by the district court, and a party cannot “obtain review by raising the same general issue litigated below but under a different theory.”

(“[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.’” ().

2 “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 as applicable to an appeal arising from a final administrative decision).

(“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)).