Cited by
Opinions in Minnesota that cite Fabio v. Bellomo, 504 N.W.2d 758.
- Court of Appeals Thissen, J. Concurring, Anderson, J., Gildea, C.J. Fletcher Properties, Inc., et al., Minn. 2020
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Karen Mattinen, Appellant,
Minn. Ct. App. 2020
“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.”
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
Fabio v. Bellomo , aff’d on other grounds
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Brett Mallberg, Respondent,
Minn. Ct. App. 2020
“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.”
- Midland Funding LLC, et al., Respondents, Minn. Ct. App. 2020
- Paul Stepnes, Appellant, Minn. Ct. App. 2020
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A19-1585
Minn. Ct. App. 2020
5 D E C I S I O N I. Summary Judgment “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.” (citing Minn. R. Civ.
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A. Darlene Gibson, Appellant,
Minn. Ct. App. 2020
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
- Aegis Insurance Services, LTD., and other interested insurers as subrogees of Northern States Power Co. and Southern Minnesota … Minn. Ct. App. 2020
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Francis J. Schumacher, Respondent,
Minn. Ct. App. 2020
(noting that appellate courts view the record evidence “in the light most favorable to the party against whom [summary] judgment was granted”).
- Michael Noel, Appellant, Minn. Ct. App. 2019
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Sokkhan Ka, Appellant,
Minn. Ct. App. 2019
“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
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In the Matter of the Lindmark Endowment for Corporate-Business Ethics Fund.
Minn. Ct. App. 2019
Lindmark appeals.2 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
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A Xiong, Appellant,
Minn. Ct. App. 2019
Fabio v. Bellomo , (citation omitted).
- Thomas Sullivan, as guardian and conservator for Marc L. Beeman, Appellant, Minn. Ct. App. 2019
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Fr. William Graham, Respondent,
Minn. Ct. App. 2019
A reviewing court “will strike documents included in a party’s brief that are not part of the appellate record.” aff’d
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Nicollet Plaza, LLC, Appellant,
Minn. Ct. App. 2019
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.”
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In re the Marriage of:
Minn. Ct. App. 2019
“The cour t will strike documents included in a party’s brief that are not part of the appellate record.” aff’d, see Plowman v. Copeland, Buhl & Co. , (stating that “[i]t is well settled that an appellate court may not base its decision on ma tters outside the record on appeal, and that matters not produced and received in evidence below may not be considered”).
- A18-1375 Minn. Ct. App. 2019
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Abdel Elnashar, Appellant,
Minn. Ct. App. 2019
d 758, 761 (Minn. 1993) (citation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[This] court will strike documents included in a party’s brief that are not part of the appellate record.” aff'd
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Jun Xiao, Appellant,
Minn. Ct. App. 2019
We “must view the evidence in the light most favorable to the party against whom judgment was granted.”
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Abdiaziz H. Hirsi, Appellant,
Minn. Ct. App. 2019
See, e.g. , Fabio v. Bellomo , (“[A]mendments should be freely granted, except where to do so would result in prejudice to the other party.”).
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Edwards Lifesciences, LLC, Respondent,
Minn. Ct. App. 2019
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
- Aim Dev. (Usa), LLC v. City of Sartell 925 N.W.2d 255 Minn. Ct. App. 2019
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Aim Dev. (Usa), LLC v. City of Sartell
925 N.W.2d 255
Minn. Ct. App. 2019
Fabio v. Bellomo , , 761 (Minn. 1993).
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Rodney Wayne Kesanen, Appellant,
Minn. Ct. App. 2019
A mo tion for summary judgment sha ll be granted when the record shows “that there is no genuine issue of material fact and that either party is entitled to judgment as a matter of law.” Fabio v. Bellomo , (citation omitted); see Minn. R. Civ.
- Teresa Thompson, Appellant, Minn. Ct. App. 2019
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Patrick Takuanyi, Appellant,
Minn. Ct. App. 2019
Summary judgment is appropriate when “the pleadings, deposition s , a n s w e r s t o 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.”
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Ellis Olkon, et al., Appellants,
Minn. Ct. App. 2018
“On 4 appeal, the reviewing court must view the evidence in the light most favorable to the party against whom judgment was granted.” Fabio v. Bellomo , (citation omitted).
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Gabrielle Huson, et al., Appellants,
Minn. Ct. App. 2018
15 It is true that appellate decisions have repeatedly declared that complaint “amendments should be freely granted, except where to do so would result in prejudice to the other party.” Metro Bldg.
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Manufacturing Solutions of Minnesota, Inc., et al., Appellants,
Minn. Ct. App. 2018
(holding that decision regarding amending a complaint will not be reversed absent a clear abuse of discretion).
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, A17-2080, A17-2081, A18-0015
Minn. Ct. App. 2018
“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 9 of law.” Fabio v. Bellomo
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Sharee Nolan, Appellant,
Minn. Ct. App. 2018
“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 la w.”
- Bradley Yde, Appellant, Minn. Ct. App. 2018
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Said Ahmed Nur, Appellant,
Minn. Ct. App. 2018
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.”
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Red Cross Construction, LLC, Respondent,
Minn. Ct. App. 2018
“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.”
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Christensen Law Office, PLLC, Respondent,
Minn. Ct. App. 2018
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.”
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In re Rutherford D. Brosious Trust Agreement.
Minn. Ct. App. 2018
A district court must grant a motion for summary judgment if 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.” see also Minn. R. Civ.
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David Berger, Respondent,
Minn. Ct. App. 2018
We “view the evidence in the light most favorable to the party against whom judgment was granted.” Fabio v. Bellomo
- Heather Fitzgerald, Appellant, Minn. Ct. App. 2018
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Diane Pettit, as Trustee of the Alan W. Pettit Marital Trust A, Appellant,
Minn. Ct. App. 2018
We “must view the evidence in the light most favorable to the party against whom judgment was granted.” (citation omitted).
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Peter Christiansen, a minor, by and through his parent and natural guardian, Brad Christiansen, Appellant,
Minn. Ct. App. 2018
See Fabio v. Bellomo , d 758, 761 (Minn. 1993) (stating that when reviewing the grant of summary judgment, this court views “the evidence in the light most favorable to t he party against whom judgment was granted”).
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David Homick, Appellant,
Minn. Ct. App. 2018
“[W]e view the eviden ce in the light most favorable to the party against whom judgment was granted.” Fabio v. Bellomo
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Paul Allen Bray, Appellant,
Minn. Ct. App. 2017
7 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.”
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Dr. Jonathan Peterson, Appellant,
Minn. Ct. App. 2017
“A party may amend a pleading by leave of court, and amendments should be freely granted, except where to do so would result in prejudice to the other party.” see Minn. R. Civ.
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Barclays Bank Delaware, Respondent,
Minn. Ct. App. 2017
“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.” see also Minn. R. Civ.
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Ricky Johnson, d/b/a Rick Johnson’s Deer and Beaver, Inc., Respondent,
Minn. Ct. App. 2017
“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.”
- Scott Trebelhorn, d/b/a Trebelhorn & Associates, Appellant, Minn. Ct. App. 2017