Cited by
Opinions in Minnesota that cite Fraser v. Fraser, 642 N.W.2d 34.
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Michael Sarff, Respondent,
Minn. Ct. App. 2026
and cannot adjudicate a nonparty’s property rights.” see Sammons v. Sammons , (stating that the “district court may not exercise jurisdiction over a nonparty” and “[lacked] personal jurisdiction to enter a judgment affecting [the property rights of a nonparty]”); (noting that Minn. Stat. § 518.58 (2000) “does not authorize the district court to adjudicate the interests of third parties”).
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Hegenes Properties, LLC v. Michelle Rodriguez, John Doe
Minn. Ct. App. 2026
) (providing that failure to include “full name and date of birth” of defendant-tenant “does not deprive the court of jurisdiction” over eviction action); Real Est. Equity Strategies, LLC, d at 355-58 (holding that defendant-tenant’s 1 “The present statutory provisions for an eviction action replaced those that previously authorized an ‘unlawful detainer’ action.”
- Constance M Johnson, et al., Respondents, Minn. Ct. App. 2025
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Mitchell David Schultz, et al., Appellants,
Minn. Ct. App. 2025
to seek to do so in [an] eviction action.” d 34, 40-41 (Minn. App. 2002).
- Christopher Villella, Appellant, Minn. Ct. App. 2024
- In re the Marriage of: Donald Floyd Deeble, Jr. v. Hayley Elizabeth Espelien, ... Minn. Ct. App. 2023
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In re the Marriage of: Donald Floyd Deeble, Jr. v. Hayley Elizabeth Espelien, ...
Minn. Ct. App. 2023
oceeding, a district court lacks personal jurisdiction over a nonparty and cannot adjudicate a nonparty’s property rights”); (stating that the “district court may not exercise jurisdiction over a nonparty” and “[lacked] personal jurisdiction to enter a judgment affecting [the property rights of a nonparty]”); (noting that Minn. Stat. § 518.58 “does not authorize the district court to adjudicate the interests of third parties”).
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A21-1725
Minn. Ct. App. 2023
Therefore, according to Whitney, because Minnesota Statutes section 518.58 makes no mention of third-party creditors, the district court cannot “adjudicate the interests of third parties.”
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In re the Marriage of: Sneha Singh, petitioner, Respondent,
Minn. Ct. App. 2022
ty and cannot adjudicate a nonparty’s property rights.” see 7 (stating that the “district court may not exercise jurisdiction over a nonparty” and “[lacked] personal jurisdiction to enter a judgment affecting [the property rights of a nonparty]”); (noting that Minn. Stat. § 518.58, which provides for the division of marital property, “does not authorize the district court to adjudicate the interests of third parties”).
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SV AP III Riverdale Commons LLC, a Delaware limited liability company, Respondent, vs. Coon Rapids Gyms, LLC, dba …
Minn. Ct. App. 2021
23, 2008); Real Estate Equity Strategies, - 59 (Minn. App. 2006); -41 (Minn. App. 2002); Amresco Residential Mortg.
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In re the Marriage of: Dia Eldin Jubara, petitioner, Respondent,
Minn. Ct. App. 2020
9 We conclude that, viewing th e evidence in the light most favorable to the district court’s 9 “[I]n a dissolution proceeding, a district court lacks personal jurisdiction over a nonparty and cannot adjudicate a nonparty’s property rights.” d 335, 339 (Minn. App. 2006) ; (noting that section 518.58 “does not authorize th e district court to adjudicate t he interests of third parties”).
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A18-1065
Minn. Ct. App. 2019
See Danielson v. Danielson , (recognizing that “in a dissolution proceeding, a district cour t lacks personal jurisdiction over a nonparty and cannot adjudicate a nonparty’s property rights”); (noting that statutory authority providing for division of marital property in a marriage dissolution action “does not aut horize the district court to adjudicate the interests of third parties”).
- Dominium Mgmt. Servs. LLC v. Lee 924 N.W.2d 925 Minn. Ct. App. 2019
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Dominium Mgmt. Servs. LLC v. Lee
924 N.W.2d 925
Minn. Ct. App. 2019
Fraser v. Fraser , , 40 (Minn. App. 2002).
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Discover Bank, Appellant,
Minn. Ct. App. 2018
In Danielson v. Danielson , we recognized that “in a dissolution proceeding, a district court lacks personal jurisdiction over a nonparty and cannot adjudicate a nonparty’s property rights.” see also Fraser v. Fraser , (noting that statutory authority providing for division of marital property in a marriage dissolution action “does not authorize the district court to adjudicate the interests of third parties”).
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In re the Marriage of: Jesse A. Freking, petitioner, Appellant,
Minn. Ct. App. 2018
lacks personal jurisdiction over a nonparty and cannot adjudicate a nonparty’s property rights.” (noting that Minn. Stat § 518.58 (2000) “does not authorize the district cou rt to adjudicate the interests of third parties”).
- ACC OP (University Commons), LLC, Appellant, Minn. Ct. App. 2017
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Federal National Mortgage Association, Respondent,
Minn. Ct. App. 2017
(quoting Fraser v. Fraser , –41 (Minn. App. 2002)).
- Jerald Hammann v. Wells Fargo Bank, N. A., and Wells Fargo Bank N. A. v. Jeffrey Robert Busch, … Minn. Ct. App. 2017
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Jerald Hammann v. Wells Fargo Bank, N. A., and Wells Fargo Bank N. A. v. Jeffrey Robert Busch, …
Minn. Ct. App. 2017
This court has noted that the summary nature of an eviction proceeding “is comparable to the summary nature of the former unlawful-detainer proceeding.”
- U.S. Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 v. Timothy Knoedler, … Minn. Ct. App. 2015
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U.S. Bank National Association, as Trustee for the C-BASS Mortgage Loan Asset-Backed Certificates, Series 2006-RP2 v. Timothy Knoedler, …
Minn. Ct. App. 2015
-58 (stating that the summary nature of eviction proceedings remains even though district courts have subject-matter jurisdiction to address title-related issues); -41 (Minn. App. 2001) (“[T]o the extent wife has the ability to litigate her equitable mortgage and other claims and defenses in alternate civil proceedings, it would be inappropriate for her to seek to do so in the eviction action.”).
- Federal Home Loan Mortgage Corporation v. Paul v. Pope, Gretchen A. Pope Minn. Ct. App. 2015
- Federal Home Loan Mortgage Corporation v. Gary E. Mitchell, John Doe 862 N.W.2d 67 Minn. Ct. App. 2015
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Federal Home Loan Mortgage Corporation v. Gary E. Mitchell, John Doe
862 N.W.2d 67
Minn. Ct. App. 2015
-41 (Minn. App. 2002) (emphasis added).
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Federal Home Loan Mortgage Corporation v. Paul v. Pope, Gretchen A. Pope
Minn. Ct. App. 2015
See Dahlberg v. Young, 231 Minn. 60, 68, (explaining an eviction action “merely determines the right to present possession and does not adjudicate the ultimate legal or equitable rights of ownership”); (holding counterclaims and defenses should only be considered if eviction action provides the “only forum” for litigating those claims); AMRESCO Residential Mortg.
- Federal National Mortgage Association v. Vaambee Yang, John Doe Minn. Ct. App. 2015
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Federal National Mortgage Association v. Vaambee Yang, John Doe
Minn. Ct. App. 2015
ourt’s “considerable discretion” to expand or to limit the scope of an eviction action); d 829, 837 (Minn. 2004) (“[A] right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction cannot be disputed in a subsequent suit between the same parties or their privies.” (quotation omitted)); -41 (Minn. App. 2002) (stating that challenges to real-property ownership should be brought in eviction action only if it is the sole forum for litigating such claims
- Stuart Co., d/b/a Century North Apartments v. Ciera Ramsey Minn. Ct. App. 2014
- Stuart Co., d/b/a Century North Apartments v. Ciera Ramsey Minn. Ct. App. 2014
- Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, L. P. v. Cheryl Smith Minn. Ct. App. 2014
- Federal National Mortgage Association v. Jeffrey D. Robinson, John Doe Minn. Ct. App. 2014
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Federal National Mortgage Association v. Jeffrey D. Robinson, John Doe
Minn. Ct. App. 2014
We have only allowed counterclaims in an eviction action when “the eviction action presents the only forum for litigating these claims.”
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Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, L. P. v. Cheryl Smith
Minn. Ct. App. 2014
W.2d 444, 444–46 (Minn. App. 2001) (affirming dismissal of counterclaims “related to the underlying mortgage foreclosure” because appellants could “raise their counterclaims and equitable defenses directly in [a] separate, district court proceeding” and, consequently, “there [was] no evident reason to interfere with the summary nature of eviction proceedings”), –41 (Minn. App. 2002) (“[T]o the extent wife has the ability to litigate her equitable mortgage and other claims and defenses in alterna
- Federal Home Loan Mortgage Corporation v. Robi J. Briggs Minn. Ct. App. 2014
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Federal Home Loan Mortgage Corporation v. Robi J. Briggs
Minn. Ct. App. 2014
And the extremely narrow exception to this rule, available only when “the eviction action presents the only forum for litigating these claims,” does not apply here.
- Koski v. Johnson 837 N.W.2d 739 Minn. Ct. App. 2013
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Koski v. Johnson
837 N.W.2d 739
Minn. Ct. App. 2013
§ 566.05(a) (providing requirements for forcible-entry-and-unlawful-detainer summons and complaint); (noting that legislature “repeal[ed] the unlawful detainer provisions of chapter 566 and enacted] new provisions to be codified at chapter 504A” and later “repealed] chapter 504A and replaced] it with what is now codified at chapter 504B regarding ‘evictions’ ”).
- Fontaine v. Steen 759 N.W.2d 672 Minn. Ct. App. 2009
- Fontaine v. Steen 759 N.W.2d 672 Minn. Ct. App. 2009
- Bjorklund v. Bjorklund Trucking, Inc. 753 N.W.2d 312 Minn. Ct. App. 2008
- Bjorklund v. Bjorklund Trucking, Inc. 753 N.W.2d 312 Minn. Ct. App. 2008
- Marriage of Danielson v. Danielson 721 N.W.2d 335 Minn. Ct. App. 2006
- Marriage of Danielson v. Danielson 721 N.W.2d 335 Minn. Ct. App. 2006
- Real Estate Equity Strategies, LLC v. Jones 720 N.W.2d 352 Minn. Ct. App. 2006
- Real Estate Equity Strategies, LLC v. Jones 720 N.W.2d 352 Minn. Ct. App. 2006
- Fraser v. Fraser 702 N.W.2d 283 Minn. Ct. App. 2005
- Fraser v. Fraser 702 N.W.2d 283 Minn. Ct. App. 2005
- Thomas A. Foster & Associates, Ltd. v. Paulson 699 N.W.2d 1 Minn. Ct. App. 2005
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Thomas A. Foster & Associates, Ltd. v. Paulson
699 N.W.2d 1
Minn. Ct. App. 2005
-41 (Minn.App.2002) (holding that, if possible, equitable claims and defenses should be litigated in alternate civil action, rather than in summary eviction action); -46 (Minn.App.2001) (same).