Cited by

ting that “[i]t is well settled that an appellate court may not base its decision on matters outside the record on appeal, and that matters not produced and received in evidence below may not be considered”); Fabio v. Bellomo , (stating that “[t]he court will strike documents included in a party’s brief that are not part of the appellate record”), aff’d, ).

See, (noting that this court “will strike documents included in a party’s brief[ing] that are not part of the appellate record”), aff’d

Generally, “amendments should be freely granted, except where to do so would result in prejudice to the other party.”

3 Housing Justice Center (HJC), Poverty & Race Research Action Council (PRRAC), and HOME Line each made a motion before the district court for leave to file amicus briefs.

App. P. 110.01 (“The documents filed in the trial court, the exhibits, and the transcript of the proceedings, if any, shall constitute the record on appeal in all cases.”); (“The court will strike documents included in a party’s brief that are not part of the appellate record.”), aff’d

“Leave to amend ‘should be freely granted, except where to do so would result in prejudice to the other party.’” Hunter v. Anchor Bank, N.A., –18 (Minn. App. 2013) (), rev. denied (Minn. Mar.

7 favorable to the party against whom judgment was granted.”

- 29 (Minn. 2013) (treating an appeal from a motion to dismiss as a motion for summary judgment in a medical- malpractice case where the district court relied on “matters outside the pleadings”); d 758, 761 (Minn. 1993) (stating that the district court “considered matters outside the pleadings” and treating the motion to dismiss in a medical-malpractice case as a motion for summary judgment).

(medical malpractice), (ordinary negligence).

A district court “has wide discretion to grant or deny an amendment [to a complaint].”

In doing so, we “view the evidence in the light most favorable to the party against whom judgment was granted.”

App. P. 110.01, and “[t]he court will strike documents included in a party’s brief that are not part of the appellate record,” aff’d, 13

We “will strike documents included in a party’s brief that are not part of the appellate record.” , aff’d

4 ANALYSIS “A motion for summary judgment shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to judgment as a matter of law.” see Minn. R. Civ.

“The court will strike documents included in a party’s brief that are not part of the appellate record.” aff’d

d 758, 761 ( Minn. 1993).

“Whether the district court has abused its discretion in ruling on a motion to amend may turn on whether it was correct in an underlying legal ruling.” -01 (Minn. App. 2003) (), rev. denied (Minn. Oct.

Leave to amend, however, should not be granted when doing so “would result in prejudice to the other party.” Schober v. Comm’r of Revenue, d 102, 112-13 (Minn. 2013) ().

Generally, a “trial court has wide discretion to grant or deny an amendment [of the pleadings], and its action will not be reversed absent a clear abuse of discretion.” Fabio v. Bellomo

We examine the evidence “in the light most favorable to the party against whom judgment was granted.”

DECISION “A motion for summary judgment shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law.”

“Th[is] court will strike documents included in a party’s brief that are not part of the appellate record.” aff’d

Fabio v. Bellomo , aff’d, d 758 (Minn. 1993).

Summary judgment is appropriate “when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law.” 61 (Minn. 1993); see Minn. R. Civ.

App. P. 110.01 (the record on appeal consists of “[t] he documents filed in the trial court, the exhibits, and the transcript of the proceedings ”); aff’d

“A motion for summary judgmen t shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law.”

D E C I S I O N “A motion for summary judgment shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law.”

“A motion for summary judgment shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment 6 as a matter of law.” Fabio v. Bellomo , (M inn.

Fabio v. Bellomo , , aff’d on other grou nds

See Fabio v. Bellomo , see also Knuth v. Emergency Care Consultants, P.A., (“Expert testimony is required to establish the standard of care, the defendant’s depa rture from that standard, and causation.” (quotation omitted)).

D E C I S I O N “A motion for summary judgment shall be granted when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law.” Fabio v. Bellomo , .