Cited by
Opinions in Minnesota that cite LaChapelle v. Mitten, 607 N.W.2d 151.
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Oluf Johnson, et al., Appellants,
Minn. Ct. App. 2019
12, 1990) ; see also LaChapelle v. Mitten , (stating that “[b]ecause this court is limited in its 2 Furthermore, the guidelines appellants point to are at best interpretative rules that “do not have the force and effect of law.” See Perez v. Mortg.
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Eric Joseph Vacko, petitioner, Appellant,
Minn. Ct. App. 2018
LaChapelle v. Mitten , review denied (Minn. May 16, 2000).
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In re the Marriage of: Sarah L Braun, petitioner, Respondent,
Minn. Ct. App. 2018
In an initial custody proceeding, a parent proposing a change of residence need not prove the move is in the child’s best interests; the district court simply “treats a proposed change of residence by a party as one factor to balance in determining custody of a child.” LaChappelle v. Mitten , review denied (Minn. May 16, 2000).
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Chester Vernon Jones, Appellant,
Minn. Ct. App. 2018
The decision to establish statutes of limitations is for the legislature; this court “is limited in its function to correcting errors [and] it cannot create public policy.” review denied (Minn. May 16, 2000).
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A17-1314 A17-1315
Minn. Ct. App. 2018
d 151, 159 (Minn. App. 2000), review denied (Minn. May 16, 2000).
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In re: Estate of Loretta M. Chisholm, Decedent.
Minn. Ct. App. 2018
review denied (Minn. May 16, 2000).
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A16-1668
Minn. Ct. App. 2017
review denied (Minn. May 16, 2000).
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In re the Marriage of: Jennifer Ann Peterson n/k/a Jennifer Ann Hirschey, petitioner, Respondent,
Minn. Ct. App. 2017
See, d 151, 163-64 (Minn. App. 2000) (holding that the best interests of a child was a compelling state interest justifying infringement on a mother’s fundamental right to travel), review denied (Minn. May 16, 2000); (holding that the best interests of the children took prec
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A16-0880
Minn. Ct. App. 2017
Thomas, 2017 WL 163712, at *5 (declining to require a jury instruction concerning cross -racial eyewitness identification when the supreme court has not end orsed such an instruction); (“[T]his court is limited in its function to correcting errors .
- In the Matter of Temphy Thompson�s Verified Application for Compensation from the Contractor Recovery Fund. Minn. Ct. App. 2016
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In the Matter of Temphy Thompson�s Verified Application for Compensation from the Contractor Recovery Fund.
Minn. Ct. App. 2016
review denied (Minn. 2000).
- In re the Custody of: J. J. O. Thomas Joshua Andrus v. Jennifer Jo Overson Minn. Ct. App. 2016
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In re the Custody of: J. J. O. Thomas Joshua Andrus v. Jennifer Jo Overson
Minn. Ct. App. 2016
(“We defer to a district court’s interpretation of its own order.”), review denied (Minn. May 16, 2000).
- In re the Matter of: Application of Laura Beth Long for a Change of Name on behalf of … Minn. Ct. App. 2016
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In re the Matter of: Application of Laura Beth Long for a Change of Name on behalf of …
Minn. Ct. App. 2016
We have previously found that when a child was known by her current name for six years it was “long enough for the child to have developed a sense of identity through her name.” d 151, 167 (Minn. App. 2000) (citing Saxton, d at 302 (noting due deference is given to the fact that the child has borne a given surname for an extended period of time)), review denied (Minn. May 16, 2000).
- Minnesota Police and Peace Officers Association v. National Football League, Regents of the University of Minnesota Minn. Ct. App. 2015
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Minnesota Police and Peace Officers Association v. National Football League, Regents of the University of Minnesota
Minn. Ct. App. 2015
(“Because this court is limited in its function to correcting errors it cannot create public policy.”), review denied (Minn. May 16, 2000); (“[T]he task of extending existing law falls to the
- Jose Manuel Flores v. State of Minnesota Minn. Ct. App. 2015
- John Osmanski v. James and Jean Way d/b/a J & J Real Estate Properties, Shakopee Distribution Services, LLC, … Minn. Ct. App. 2015
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Jose Manuel Flores v. State of Minnesota
Minn. Ct. App. 2015
(stating that “[b]ecause this court is limited in its function to correcting errors it cannot create public policy”), reviewed denied (Minn. May 16, 2000).
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John Osmanski v. James and Jean Way d/b/a J & J Real Estate Properties, Shakopee Distribution Services, LLC, …
Minn. Ct. App. 2015
Moreover, “this court is limited in its function to correcting errors [and] it cannot create public policy.” review denied (Minn. May 16, 2000).
- In re the Marriage of: Kathy Ann Hockenson, n/k/a Kathy Ann Lockhart v. Galen Jay Hockenson Minn. Ct. App. 2015
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In re the Marriage of: Kathy Ann Hockenson, n/k/a Kathy Ann Lockhart v. Galen Jay Hockenson
Minn. Ct. App. 2015
planation, the district court appears to have awarded 1 The district court found that the terms of the 1992 dissolution decree obligated each party to sell their respective property within a “reasonable time.” Although the terms of the decree allow for other interpretations of the district court’s intent, “[w]e defer to a district court’s interpretation of its own order,” review denied (Minn. May 16, 2000).
- In re the Marriage of: Stacy Elizabeth Reeves v. Brian Lawrence Reeves, Hennepin County, intervenor Minn. Ct. App. 2015
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In re the Marriage of: Stacy Elizabeth Reeves v. Brian Lawrence Reeves, Hennepin County, intervenor
Minn. Ct. App. 2015
review denied (Minn. May 16, 2000).
- Eunice Smith, Relator v. Department of Employment and Economic Development Minn. Ct. App. 2015
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Eunice Smith, Relator v. Department of Employment and Economic Development
Minn. Ct. App. 2015
Credit Union, (stating that “[t]his court, as an error correcting court, is without authority to change the law”), review denied (Minn. June 17, 1998); (stating that “[b]ecause this court is limited in its function to correcting errors[,] it cannot create public policy”), review denied (Minn. May 16, 2000).
- Mark W. Tibbals v. Kerry G. Tibbals Minn. Ct. App. 2014
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Mark W. Tibbals v. Kerry G. Tibbals
Minn. Ct. App. 2014
And “[b]ecause this court is limited in its function to correcting errors it cannot create public policy.” review denied (Minn. May 16, 2000).
- In re the Matter of: Ronald Lee Kish v. Kimberly Sue Wirth Minn. Ct. App. 2014
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In re the Matter of: Ronald Lee Kish v. Kimberly Sue Wirth
Minn. Ct. App. 2014
(affirming a district court’s award of joint legal custody notwithstanding “evidence in the record of the parties’ inability to cooperate” when the record also contained evidence that the parties “are willing to try to cooperate” and where “there are methods in place for resolving disputes t
- Clark v. Connor 843 N.W.2d 785 Minn. Ct. App. 2014
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Clark v. Connor
843 N.W.2d 785
Minn. Ct. App. 2014
Appellant asserts that “[i]t should not matter, as a matter of policy, whether the comparative fault is that of the plaintiff or, as in this case, that of a co-defendant.” But “[bjecause this court is limited in its function to correcting errors it cannot create public policy.”
- State v. Christenson 827 N.W.2d 436 Minn. Ct. App. 2012
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State v. Christenson
827 N.W.2d 436
Minn. Ct. App. 2012
review denied (Minn. May 16, 2000).
- State v. Rick 821 N.W.2d 610 Minn. Ct. App. 2012
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State v. Rick
821 N.W.2d 610
Minn. Ct. App. 2012
(“Because this court is limited in its function to correcting errors it cannot create public policy.”), review denied (Minn. May 16, 2000).
- Foster v. Foster 802 N.W.2d 755 Minn. Ct. App. 2011
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Foster v. Foster
802 N.W.2d 755
Minn. Ct. App. 2011
The Saxton factors are: “(1) how long the child has had the current name; (2) any potential harassment or embarrassment the change might cause; (3) the child’s preference; (4) the effect of the change on the child’s relationship with each parent; and (5) the degree of community respect associated with the present and proposed names.” review denied (Minn. May 16, 2000) (citing Saxton, d at 301 ).
- Dahlin v. Kroening 784 N.W.2d 406 Minn. Ct. App. 2010
- In Re the Welfare of the Child of D.L.D. 771 N.W.2d 538 Minn. Ct. App. 2009
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In Re the Welfare of the Child of D.L.D.
771 N.W.2d 538
Minn. Ct. App. 2009
(stating that “[b]e-cause this court is limited in its function to correcting errors it cannot create public policy”), review denied (Minn. May 16, 2000).
- Marriage of Goldman v. Greenwood 748 N.W.2d 279 Minn. 2008
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Marriage of Goldman v. Greenwood
748 N.W.2d 279
Minn. 2008
The district court’s reference to "the LaChapelle locale restriction” (upholding an award of physical custody conditioned on the custodian residing in the state), rev. denied (Minn. May 16, 2000).
- Marriage of Goldman v. Greenwood 725 N.W.2d 747 Minn. Ct. App. 2007
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Marriage of Goldman v. Greenwood
725 N.W.2d 747
Minn. Ct. App. 2007
162—63 (Minn.App.2000) (permitting custody award conditioned on parent’s continuing residence in state), review denied (Minn. May 16, 2000).
- Dailey v. Chermak 709 N.W.2d 626 Minn. Ct. App. 2006
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Dailey v. Chermak
709 N.W.2d 626
Minn. Ct. App. 2006
A finding is clearly erroneous if the reviewing court is “left with the definite and firm conviction that a mistake has been made.” (quotation omitted), review denied (Minn. May 16, 2000).
- County of Stearns v. Barnell 693 N.W.2d 455 Minn. Ct. App. 2005
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County of Stearns v. Barnell
693 N.W.2d 455
Minn. Ct. App. 2005
While a “general freedom from governmental intrusion in child-rearing decisions” and a “right to familial privacy” that is “not absolute” have been recognized, review denied (Minn. May 16, 2000), here, those rights and freedoms conflict with the child’s paramount right to support and the public protection of the child’s best interests.