Cited by

Opinions in Minnesota that cite Fabio v. Bellomo, 504 N.W.2d 758.

1040 citing documents.

Charity Slaughter v. Independent School District No. 833 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 , .
Court of Appeals Thissen, J. Concurring, Anderson, J., Gildea, C.J. Fletcher Properties, Inc., et al., Minn. 2020
Karen Mattinen v. Linda Kari, et al 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 v. Lysa Kaye Conner Minn. Ct. App. 2020
State of Minnesota v. Frankie Dylan Dircks Minn. Ct. App. 2020
Fabio v. Bellomo , aff’d on other grounds
Brett Mallberg v. Mark Gustafson, et al 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 v. Joy Ford Minn. Ct. App. 2020
Paul Stepnes v. Beth Trautman, et al Minn. Ct. App. 2020
Isanti Pines Tree Farm LLC (A19-0749) (A19-1585), Nathan Meinhardt (A19-0749) (A19-1585) v. Arthur Swanson, et al 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.
A. Darlene Gibson v. Special School District #1 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
Francis J. Schumacher v. KMLE, INC., et al 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 v. Lutheran Social Service of Minnesota Minn. Ct. App. 2019
Sokkhan Ka v. Lonvigson’s Service Center, Inc. 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
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
A Xiong v. Minneapolis Public Schools, Special School District No. 1 Minn. Ct. App. 2019
Fabio v. Bellomo , (citation omitted).
Thomas Sullivan, as guardian and conservator for Marc L. Beeman v. Randy F. Boggio Minn. Ct. App. 2019
Fr. William Graham v. Terrance Jerome Davis, Jr. 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
Nicollet Plaza, LLC v. Chase Real Estate, Inc., City of Burnsville, KSH Development, LLC 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.”
In re the Marriage of: Terrence Michael Zelenka v. Annie Valeria Anderson, f/k/a Anne Zelenka 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”).
Gregory T. Dyrdal (A18-1301), James Wallenberg, et al. (A18-1375) v. Lawrence A. McDowell, et al Minn. Ct. App. 2019
Abdel Elnashar v. Summit Orthopedics, Ltd., et al Minn. Ct. App. 2019
d 758, 761 (Minn. 1993) (citation omitted).
State of Minnesota v. Chris Marquis McMorris 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
Jun Xiao v. Dr. Raquel Rodriguez, individually and in her official capacity, et al Minn. Ct. App. 2019
We “must view the evidence in the light most favorable to the party against whom judgment was granted.”
Abdiaziz H. Hirsi v. ARCH Language Network, Inc. d/b/a ARCH Language, et al 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.”).
Edwards Lifesciences, LLC v. Bryan Szweda 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
Aim Dev. (Usa), LLC v. City of Sartell 925 N.W.2d 255 Minn. Ct. App. 2019
Fabio v. Bellomo , , 761 (Minn. 1993).
Rodney Wayne Kesanen v. Dawn Strope-Robinson 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 v. Les Riess, et al Minn. Ct. App. 2019
Patrick Takuanyi v. Jorge Zepeda Gonzalez, Mobil Auto Rescue & Repair, LLC 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.”
Ellis Olkon, et al v. City of Medina 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).
Gabrielle Huson, et al v. Benilde-St. Margaret’s School, et al 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.
Manufacturing Solutions of Minnesota, Inc., et al v. Abrasive Specialists, Inc. Minn. Ct. App. 2018
(holding that decision regarding amending a complaint will not be reversed absent a clear abuse of discretion).
A17-2081, A18-0015 John Doe 125 (A17-2078), John Doe 126, et al. (A17-2081), John Doe 123, et al. (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
Sharee Nolan v. Rockin Ronny’s 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 v. Viking Coca-Cola Bottling Company Minn. Ct. App. 2018
Said Ahmed Nur v. Jimmy Johns Sandwiches 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.”
Red Cross Construction, LLC v. Donald Brenn, Martha Brenn 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.”
Christensen Law Office, PLLC v. Serge Ngouambe, et al 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.”
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.
David Berger v. Timothy Wynes, et al 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 v. Dr. Lance Silverman, M. D., et al Minn. Ct. App. 2018
Diane Pettit, as Trustee of the Alan W. Pettit Marital Trust A v. Mary J. Spethmann Minn. Ct. App. 2018
We “must view the evidence in the light most favorable to the party against whom judgment was granted.” (citation omitted).
Peter Christiansen, a minor, by and through his parent and natural guardian, Brad Christiansen v. Kyler Kobus, Duluth … 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”).
David Homick v. Bozena Hellem 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
Paul Allen Bray v. Starbucks Corporation, et al 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.”
Dr. Jonathan Peterson v. Ruth Martinez, in her Official Capacity, et al., The Professional Renewal Center 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.
Barclays Bank Delaware v. Abdulkarim Dahir 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.
Ricky Johnson, d/b/a Rick Johnson’s Deer and Beaver, Inc. v. Anoka County 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.”