Cited by

Opinions in Minnesota that cite Luthen v. Luthen, 596 N.W.2d 278.

44 citing documents.

Texa Tonka Shopping Center, LLC v. JK 4 AL LLC LLC, Katherine Prantner, and John O Donnell, Donn … 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 v. Soualiho Diomande Minn. Ct. App. 2026
In re the Marriage of: Cody Allen Gilbert v. Brenda Nicole Gilbert Minn. Ct. App. 2026
In Re the Marriage of: Emily Brasel Brown v. Iyulli Ben Hyyiah Brown 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: Erica Leigh Riehm v. Harold Andrew Riehm Minn. Ct. App. 2026
See, (stating appellate courts do not assume district court error); (applying Loth); Minn. R. Civ.
In the Matter of: Rebecca Ann Pera Cole on behalf of Minor Child v. Zachary Cole 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 v. Donna Arnela McDonald, n/k/a Donna Arnela Rosenblad 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: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk Minn. Ct. App. 2023
Laurie J. Stangel, et al v. Elliot Day Whipple, Jordan Gall, Greg Rutten Minn. Ct. App. 2023
In re the Marriage of: Amanda Leigh Davis Floyd v. Michael Scott Floyd Minn. Ct. App. 2023
d 278, 283 (Minn. App. 1999) ().
In re the Matter of: John Erik Ensrud v. Janette Lea Eastman 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 v. Richard A. Mokua, et al 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 v. Heidi Ann Beland, and Polk County 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 v. Joel Wayne Biebighauser, County of Dakota 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 v. Leo Paul Frandrup Minn. Ct. App. 2022
” (quotation omitted)); (applying Loth in a family-law appeal).
County of Clay, H. N. K v. J. D. F 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 v. John J. Larson 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: Lisa Marie Kent v. Brenton Jackson Kent 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).
In the Matter of the Welfare of the Child of: I. M. K. and C. M. S., Parents Minn. Ct. App. 2020
Shane Foss v. Justine Topel 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 v. Quintiny Luenelle Flakes 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 v. Stephanie Christine Olstad 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