Cited by
Opinions in Minnesota that cite Luthen v. Luthen, 596 N.W.2d 278.
-
Texa Tonka Shopping Center, LLC v. JK 4 AL LLC LLC, Katherine Prantner, and John ...
Minn. Ct. App. 2026
issory notes when their claimed interest concerned attached property and lien priority rather than the debt at issue); Miller, d at 494-96 (holding that beneficiary had no interest in the division of retirement accounts in a dissolution action where the beneficiary’s interest arose from the disposition of the decedent’s estate and not the marital property dispute); -82 (Minn. App. 1999) (holding that intervenor had no interest in a dissolution action where its claimed interest was tied to child-
- Criticized Nogodjouan Diomande, Appellant, Minn. Ct. App. 2026
- In re the Marriage of: Minn. Ct. App. 2026
-
In Re the Marriage of:
Minn. Ct. App. 2026
(stating appellate courts do not assume district court error); d 278, 283 (Minn. App. 1999) (applying Loth); Minn. R. Civ.
-
In the Matter of the Welfare of the Children of: C. M. D., C. J. M. and T. …
Minn. Ct. App. 2026
See, e.g., Loth v. Loth , (stating appellate courts do not assume district court error); (applying Loth); Minn. R. Civ.
-
In Re the Marriage of:
Minn. Ct. App. 2026
See, (stating appellate courts do not assume district court error); (applying Loth); Minn. R. Civ.
-
In the Matter of:
Minn. Ct. App. 2024
Loth, d at 546; (applying Loth in a family-law appeal).
- In re the Marriage of: Robert Thomas Nord, A v. Katherine Elizabeth Bowers, B, ... Minn. Ct. App. 2024
-
In re the Marriage of: Robert Thomas Nord, A v. Katherine Elizabeth Bowers, B, ...
Minn. Ct. App. 2024
[and] the burden of showing error rests upon the one who relies upon it.”); (quoting Waters); (applying Loth).
- In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen, ... Minn. Ct. App. 2024
-
In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen, ...
Minn. Ct. App. 2024
(explaining that “error is never presumed” on appeal, that it “must be made to appear affirmatively” before a reviewing court can reverse, and that the burden of showing error rests upon the party who asserts it); (citing Loth).
- Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc. Minn. Ct. App. 2024
-
Homestead Acres Homeowners Association, Inc. v. Hiscox Insurance Company, Inc.
Minn. Ct. App. 2024
(applying this aspect of Loth).
-
In re the Marriage of: Jerry Arthur McDonald, petitioner, Appellant,
Minn. Ct. App. 2023
(noting that error is “never” presumed on appeal); (stating that appellate courts “cannot presume error by the district court”); (citing Loth).
- In re the Marriage of: Minn. Ct. App. 2023
- Laurie J. Stangel, et al., Respondents, Minn. Ct. App. 2023
-
In re the Marriage of: Amanda Leigh Davis Floyd, petitioner, Appellant,
Minn. Ct. App. 2023
d 278, 283 (Minn. App. 1999) ().
-
In re the Matter of: John Erik Ensrud, petitioner, Respondent,
Minn. Ct. App. 2023
[T]he burden of showing error rests upon the one who relies upon it.”); (quoting this aspect of Waters in a family-law appeal); (applying this aspect of Loth ).
-
Marthamae Kottschade, Appellant,
Minn. Ct. App. 2023
[and] the burden of showing error rests upon the one who relies upon it.” -65 (Minn. 1944); (discussing Waters); (applying Loth).
-
In re the Marriage of: Matthew James Beland, petitioner, Appellant,
Minn. Ct. App. 2022
upon the one who relies upon it”); (quoting this aspect of Waters in a family law appeal); (applying this aspect of Loth).
-
In re the Marriage of: Melissa Ann Kuchera, petitioner, Appellant,
Minn. Ct. App. 2022
[and] the burden of showing error rests upon the one who relies upon it.” - 65 (Minn. 1944)
-
In the Matter of: Elizabeth A. Frandrup, Respondent,
Minn. Ct. App. 2022
” (quotation omitted)); (applying Loth in a family-law appeal).
-
County of Clay, Respondent,
Minn. Ct. App. 2021
Vangsness v. Vangsness , (“That the record might support findings other than those made by the trial court does not show that the [trial] court’s findings are defective.”); ( recognizing that complainant has duty to show that district court erred in family-law appeal).
-
Jodi D. Campbell, Respondent,
Minn. Ct. App. 2021
See Waters v. Fiebelkorn , -65 (Minn. 1944); see also Luthen v. Luthen
-
In re the Matter of:
Minn. 2021
as a designated beneficiary of a portion of the accounts, Miller “acted in contravention to the Judgment and Decree by designating beneficiaries to his account other than Ms. Spera.” the court reasoned that “strong public policy discourages third party intervention in dissolution matters.” The court concluded that although K.M.M.
-
In re the Marriage of:
Minn. Ct. App. 2020
[and] the burden of showing error rests upon the one who relies upon it” (quoting Waters v. Fiebelkorn , -65 (1944)); (applying this aspect of Loth).
- A20-0556 Minn. Ct. App. 2020
-
Shane Foss, Appellant,
Minn. Ct. App. 2019
But this court cannot assume that the district court erred based on its language alon e. See Loth v. Loth , (stating that appellate courts cannot assume district court error); (applying Loth, stating appellate courts “cannot assume that the district court will neglect its duty to independently 3 Father asserts that the distric t court’s statement that “[r]ul e 377.09 subd.
-
In re the Custody of: J. K. L. Peter Romero Lockhart, petitioner, Appellant,
Minn. Ct. App. 2018
[and] the burden of showing error rests upon the one who relies upon it.” Waters v. Fiebelkorn , 216 Minn. 489, 495, -65 (1944); see Loth v. Loth , 227 Minn. 387, 392, (quoting Waters in a family-law appeal); (applying Loth in a family-law appeal).
-
In re the Marriage of: Nathan Gregory Olstad, petitioner, Appellant,
Minn. Ct. App. 2018
[and] the burden of showing error rests upon the one who re lies upon it” 9 (quoting Waters v. Fiebelkorn, 216 Minn. 489, 495, -65 (1944)); (applying this aspect of Loth).
- Jessica Leah Weiss v. Alfred Aaron Griffin Minn. Ct. App. 2016
-
Jessica Leah Weiss v. Alfred Aaron Griffin
Minn. Ct. App. 2016
[and] the burden of showing error rests upon the one who relies upon it” 6 (quoting Waters v. Fiebelkorn, 216 Minn. 489, 495, -65 (1944)); (applying this aspect of Loth).
- Melissa Dawn Paisley v. Clark Davis Kratzer Minn. Ct. App. 2016
-
Melissa Dawn Paisley v. Clark Davis Kratzer
Minn. Ct. App. 2016
See Loth v. Loth, 227 Minn. 387, 392, d 542, 546 (1949) (stating that appellate courts cannot assume district court error); (applying Loth).
- In re the Marriage of: Michelle Curtis v. Christopher John Hanna Minn. Ct. App. 2015
-
In re the Marriage of: Michelle Curtis v. Christopher John Hanna
Minn. Ct. App. 2015
[and] the burden of showing error rests upon the one who relies upon it.” Waters v. Fiebelkorn, 216 Minn. 489, 495, -65 (1944); see Loth v. Loth, 227 Minn. 387, 392, 9 (1949) (quoting Waters in a family law appeal); (applying Loth in a family law appeal).
- C AND R STACY, LLC v. County of Chisago 742 N.W.2d 447 Minn. Ct. App. 2007
-
C AND R STACY, LLC v. County of Chisago
742 N.W.2d 447
Minn. Ct. App. 2007
(citing Loth v. Loth, 227 Minn. 387, 392 , ).
- Dougherty v. State Farm Mutual Insurance Co. 683 N.W.2d 855 Minn. Ct. App. 2004
-
Dougherty v. State Farm Mutual Insurance Co.
683 N.W.2d 855
Minn. Ct. App. 2004
(considering dangers of establishing precedent); Petition of Minn. Power & Light Co., (same), review denied (Minn. Apr.
- Longrie v. Luthen 662 N.W.2d 150 Minn. Ct. App. 2003
- Longrie v. Luthen 662 N.W.2d 150 Minn. Ct. App. 2003
- Nash v. Wollan 656 N.W.2d 585 Minn. Ct. App. 2003
- Nash v. Wollan 656 N.W.2d 585 Minn. Ct. App. 2003