Cited by
Opinions in Minnesota that cite Marriage of Toughill v. Toughill, 609 N.W.2d 634.
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In Re the Marriage of: Christopher Warren Martin n/k/a Christal Warren Martin A v. Rebecca Sue Martin n/k/a …
Minn. Ct. App. 2026
As an initial point, Martin is correct that stipulations “are accorded the sanctity of binding contracts,” and, as such, “a party cannot repudiate or withdraw from a stipulation without the consent of the other party, except by leave of the court for cause shown.” (quotations omitted).
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Nogodjouan Diomande v. Soualiho Diomande
Minn. Ct. App. 2026
A. March 2024 Agreement Generally, courts favor stipulations in dissolution litigation and accord them “the sanctity of binding contracts.” (quotat ion omitted).
- In re the Marriage of: Todd Charles Bork v. Carolyn Mitsu Bork Minn. Ct. App. 2026
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In re the Marriage of: Todd Charles Bork v. Carolyn Mitsu Bork
Minn. Ct. App. 2026
n.1 (Minn. App. 2000) (noting that “[t]he district court is a third party to dissolution proceedings and has the authority to refuse to accept the terms of a stipulation in part or in toto” (quotation omitted)).
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In re the Marriage of: Brent Lee Florine v. Lauren Marie Florine
Minn. Ct. App. 2025
n.1 (Minn. App. 2000) (“[W]hile parties to a dissolution stipulation are precluded from disavowing that stipulation .
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In re the Marriage of: Jessica Ann Jahraus Pesola v. Caleb Samuel Pesola
Minn. Ct. App. 2024
are accorded the sanctity of binding contracts.” (quotation omitted).
- In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen Minn. Ct. App. 2024
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In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen
Minn. Ct. App. 2024
n.1 (Minn. App. 2000) (noting that “[t]he district court is a third party to dissolution proceedings and has the authority to refuse to accept the terms of a stipulation in part or in toto” (quotation omitted)).
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In re the Marriage of: Oliver Wilfred Cass v. YeYing Cen
Minn. Ct. App. 2023
When considering a motion to vacate a pre-judgment stipulation in a dissolution matter, the court must determine “whether the stipulation was ‘improvidently made and in equity and good conscience ought not to stand.’” (quoting Shirk, d at 522).
- In re the Marriage of: Michael Robert Jacobson v. Dunja Vukosavovic Minn. Ct. App. 2023
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In re the Marriage of: Amanda Leigh Davis Floyd v. Michael Scott Floyd
Minn. Ct. App. 2023
-22 (Minn. 1997) (holding that “when a judgment and decree is entered based upon a stipulation, we hold that the 10 stipulation is merged into the judgment and decree and the stipulation cannot thereafter be the target of attack by a party seeking relief from the judgment and decree”); n.1 (Minn. App. 2000) (noting that the district court “has the authority to refuse to accept the terms of a stipulation in part or in toto” (quotation omitted) ).
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In re the Marriage of: Amy Joy Kemp v. Michael Edward Kemp
Minn. Ct. App. 2023
impose conditions on the parties to which they did not stipulate.” n.1 (Minn. App. 2000).
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In re the Marriage of: Christine Marie Salvosa v. Alan Douglas Salvosa
Minn. Ct. App. 2023
n.1 (Minn. App. 2000) (noting that district court may not “impose conditions on the parties to which they did not stipulate ”); WL 1875788, at *3 (Minn. App. May 12, 2014) (concluding that district court erred by interpreting stipulated decree as requiring parties
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In re the Marriage of: Catrina M. Rued v. Joseph D. Rued
Minn. Ct. App. 2022
v. Midway Ctr., Inc., (stating that to prevail on appeal, an appellant must show both error and that error prejudiced the appellant); (citing this aspect of Midway).
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In re the Marriage of: Allison Catherine Buckner v. Bernard Joseph Robichaud, Jr.
Minn. Ct. App. 2022
n.1 (Minn. App. 2000) (noting that “[t]he district court is a third party to dissolution proceedings and has the authority to refuse to accept the terms of a stipulation in part or in toto” (internal quotation marks and citation omitted)).
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In re the Matter of: Josie Marie Martin v. Justin Michael Martin
Minn. Ct. App. 2022
(noting that while a district court may acce pt all or part of a proposed stipulation, “generally, [a district court] cannot, by judi cial fiat, impose conditions on the parties to which they did not stipulate and thereby deprive the parties of their ‘day in court’” (quoting Toughill v. Toughill , 38-39 n.1 (Minn. App. 2000)).
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Joseph Lee Selisker v. William Paul Kiley, Jr.
Minn. Ct. App. 2021
The court cannot, “by judicial fiat, impose conditions on the parties to which they did not stipulate and thereby deprive the parties of their ‘day in court.’” n. 1 (Minn. App. 2000); -20 (Minn. App. 1995) (reversing mutual restraining order in an orde r-for-protection proceeding when the appellant-petitioner did not clearly agree to a restraining order agains t her, noting that, “[s]ince appellant was pro se, the dis
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In re the Marriage of: Jeffrey Scott Jovaag v. Melissa Jo Helene Jovaag
Minn. Ct. App. 2021
Although courts favor stipulated agreements in dissolution cases, the district court may refuse to accept all or some terms of a stipulated agreement, n.1 (Minn. App. 2000).
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In re the Matter of: Brian Eugene Wolf v. Mandy Marie Oestreich
Minn. Ct. App. 2021
See Ayers, d at 520; n.1 (2000); Novak, d at 424 .
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In re the Marriage of: Vicki Collette Sandberg v. Mark Alan Sandberg
Minn. Ct. App. 2021
“First, the party can seek to withdraw from or vacate the stipulation upon which the proposed judgment is based.” Clark v. Clark , ; see Shirk v. Shirk , -22 (Minn. 1997) (addressing a party’s ability to withdraw from a stipulation); (same) .
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In re the Marriage of: Oliver Wilfred Cass v. YeYing Cen
Minn. Ct. App. 2021
“[A] district court may relieve a party from the terms of a dissolution stipula tion if, before entry of a judgment based thereon, it is determined that the stipulati on was ‘improvidently made and in equity and good conscience ought not to stand.’” (quoting Shirk, d at 522).
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In re the Marriage of: Jill Nicole Prokop v. Christopher Jon Prokop
Minn. Ct. App. 2020
But “while a district court may reject all or part 17 of a stipulation, generally, it cannot, by judici al fiat, impose conditions on the parties to which they did not stipulate and thereby depriv e the parties of their ‘day in court.’” n.1 (Minn. App. 2000).
- In re the Marriage of: Ayano Eto Baylor v. Christopher Gary Baylor Minn. Ct. App. 2020
- In the Matter of the Civil Commitment of: William Lee Erickson Minn. Ct. App. 2020
- In re the Marriage of: Jacob Kanake M’mujuri v. Beatrice Kamathi Kanake Minn. Ct. App. 2019
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In re the Custody of: S. K. S. Christian Schut v. Cynthia Schut
Minn. Ct. App. 2019
“We review a district court’s denial of a motion for a change of venue in a family law case under an abuse-of-discretion standard.”
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In re the Marriage of: Peggy Ann Doheny v. Joseph Robert Doheny
Minn. Ct. App. 2018
-39 n.1 (Minn. App. 2000) (indicating that, in a stipulated 2 We note, however, that such a law does exist elsewhere.
- In re the Marriage of: Michele Lura Honderich-Flannery v. Christopher John Flannery Minn. Ct. App. 2017
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In re the Marriage of: Heather Lee Burke v. Thomas Joseph Burke, County of Otter Tail, intervenor
Minn. Ct. App. 2017
Toughill v. Toughill , n.1 (Minn. App. 2000).
- In re the Marriage of: Justin David Shearer v. Mandy Jane Shearer 891 N.W.2d 72 Minn. Ct. App. 2017
- In re the Marriage of: Justin David Shearer v. Mandy Jane Shearer 891 N.W.2d 72 Minn. Ct. App. 2017
- In re the Marriage of: Christopher John Anton v. Romona L. Sparks, f/k/a Romona L. Anton Minn. Ct. App. 2016
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In re the Marriage of: Christopher John Anton v. Romona L. Sparks, f/k/a Romona L. Anton
Minn. Ct. App. 2016
n.1 (Minn. App. 2000) (“[W]hile a district court may reject all or part of a stipulation, generally, it cannot, by judicial fiat, impose conditions on the parties to which they did not stipulate and thereby deprive the parties of their ‘day in court.’”).
- In re the Marriage of: Thomas Erle Tornstrom v. Jennifer Lynn Tornstrom, n/k/a Jennifer Lynn Klemenhagen 887 N.W.2d 680 Minn. Ct. App. 2016
- In re the Marriage of: Thomas Erle Tornstrom v. Jennifer Lynn Tornstrom, n/k/a Jennifer Lynn Klemenhagen 887 N.W.2d 680 Minn. Ct. App. 2016
- In re the Marriage of: David Scott Pederson v. Elizabeth Joan Pederson Minn. Ct. App. 2016
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In re the Marriage of: David Scott Pederson v. Elizabeth Joan Pederson
Minn. Ct. App. 2016
(stating that party seeking relief on appeal must show prejudicial error by the district court).
- In re the Marriage of: Elizabeth Mary Ferguson v. Bradley Alan Ferguson Minn. Ct. App. 2016
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In re the Marriage of: Elizabeth Mary Ferguson v. Bradley Alan Ferguson
Minn. Ct. App. 2016
10 n.1 (Minn. App. 2000) (stating that district court may reject all or part of stipulation, but “to the extent that the district court does not accept the stipulation, the parties should not, absent unusual circumstances, be precluded from litigating their
- In re the Marriage of: John Thomas Andrusko v. Genevieve Ann Andrusko Minn. Ct. App. 2015
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In re the Marriage of: John Thomas Andrusko v. Genevieve Ann Andrusko
Minn. Ct. App. 2015
(explaining that, even though the district court had not yet adopted the parties’ stipulation or filed a dissolution judgment, the appellant was required to bring a motion to withdraw from or repudiate the stipulation in the absence of the other party’s permission).
- In re the Guardianship and/or Conservatorship of Heidi Anne Vizuete and In re the Marriage of Miriam Rose … Minn. Ct. App. 2015
- In re the Guardianship and/or Conservatorship of Heidi Anne Vizuete and In re the Marriage of Miriam Rose … Minn. Ct. App. 2015
- In re the Guardianship and/or Conservatorship of Adeline V. Dorosh Minn. Ct. App. 2014
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In re the Guardianship and/or Conservatorship of Adeline V. Dorosh
Minn. Ct. App. 2014
Co., (stating and applying this standard for general civil cases); (stating this standard for family law cases).
- In re the Marriage of: Heather Santilli Gamble v. John Stebbins Gamble Minn. Ct. App. 2014
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In re the Marriage of: Heather Santilli Gamble v. John Stebbins Gamble
Minn. Ct. App. 2014
“[T]here is nothing inherently coercive or fraudulent about knowingly choosing to proceed without counsel and, as a result, being somewhat intimidated by being forced to 8 deal directly with another party’s attorney.”
- In Re the Civil Commitment of Rannow 749 N.W.2d 393 Minn. Ct. App. 2008
- In Re the Civil Commitment of Rannow 749 N.W.2d 393 Minn. Ct. App. 2008
- Estate of Rettke v. Rettke 696 N.W.2d 846 Minn. Ct. App. 2005