Cited by

Opinions in Minnesota that cite Borchert v. Maloney, 581 N.W.2d 838.

69 citing documents.

Oronoco Estates MHC Owner LLC, d/b/a Oakwood Meadows MHC (A25-1751) v. Robert James Gregory, et al., John Doe, … Minn. Ct. App. 2026
Jerome E. Johnson v. Stacy A. Bee, Cheryl Steele Minn. Ct. App. 2026
In making that determination, “‘the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.’” ().
Travis Widner v. Ace Auto Parts & Salvage Co. d/b/a Ace Auto Parts Minn. Ct. App. 2025
(“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered .”).
In the Matter of the Civil Commitment of: Michael Benson Minn. 2024
In the Matter of the Civil Commitment of: Michael Benson Minn. 2024
It remains for this court to construe and apply the rules.” n.9 (Minn. 1998).
Todd C. Dooley, et al v. Jason R. Ross, et al Minn. Ct. App. 2024
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”
Mike Allen Homes, LLC v. Matthew Alan Hiley, et al Minn. Ct. App. 2024
To determine the prevailing party, the district court considers “who has, in the view of the law, succeeded in the action.” ().
PSS Properties, LLC v. North Star Mutual Insurance Company Minn. Ct. App. 2023
PSS Properties, LLC v. North Star Mutual Insurance Company Minn. Ct. App. 2023
“Prevail” is defined as “[t]o obtain the relief sought in an action” or “to win a lawsuit.” Black’s Law Dictionary 1438 (11th ed. 2019); (interpreting the phrase “prevailing party” as used in chapter 549 as “one in whose favor the decision or verdict is rendered and judgment entered”).
Dr. Wayne R. Freese, et al v. Dr. Reed Leiting, et al., jointly and severally Minn. Ct. App. 2023
When identifying the prevailing party, “the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” Borchert v. Maloney , (quotation omitted).
Olson Property Investments, LLC v. Michael Alexander, et al Minn. Ct. App. 2023
” Borchert v. Maloney , see also Posey v. Fossen , (noting that where more than one party succeeds in part, determining which party prevailed involves “a careful weighing of the relativ e success of the parties to a lawsuit”) ; Benigni v. C ounty of St.
James Robinson v. Metropolitan Council Minn. Ct. App. 2021
“The prevailing party in any action is the one in whose favor the decision or verdict is rendered and judgment entered.” .
Mork and Associates, Inc., et al. (A19-1914), Co-Appellants (A20-0480) v. Willow Run Partners, et al., Rodney Vlach, et … Minn. Ct. App. 2021
d 838, 840 (Minn. 1998) (noting that to determine the prevailing party, “ the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action” (quotation omitted)).
Faith Technologies, Inc., Biosar America, LLC, Frattalone Companies, Inc., et al v. Aurora Distributed Solar LLC, Aurora Land … Minn. Ct. App. 2020
See, e.g. , Borchet v. Maloney , ( noting that, “[t]he prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”).
John Moore v. Robinson Environmental, et al., Century Surety Minn. Ct. App. 2020
When determining the prevailing party, “the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” (quotation omitted).
Grand Central Lofts Phase I Condominiums v. Grand Central Lofts Master Association, et al., and Grand Central Cottages … Minn. Ct. App. 2020
When determining the prevailing party, “the general result should be considered, and inquiry made as to who has, in the view 26 of the law, succeeded in the action.” (quotation omitted).
Hayley Elizabeth Kytta v. Corey Strecker Minn. Ct. App. 2019
The Minnesota Supreme Court recognizes that the phrase “prevailing party” has acquired a special meaning as one “wh o has, in the view of the law, succeeded in the action,” in that he or she is the party ‘‘in whose favor the decision or verdict is rendered and judgment entered.” (quotation omitted).
Sokkhan Ka v. Lonvigson’s Service Center, Inc. Minn. Ct. App. 2019
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” Borchert v. Maloney
Gaddisee Gemeda Bedasso v. Anwar Yusuf Omar Minn. Ct. App. 2019
Bedasso argues for a different result, d 838 (Minn. 1998).
Meyer Contracting, Inc. v. Scott Fowler, Graham Construction Services, Inc. and counterclaimant, vs. Brian A. Goudge, et al., … Minn. Ct. App. 2019
The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” d 838, 840 (Minn. 1998) (quotation omitted).
Althaus v. Krueger 929 N.W.2d 907 Minn. Ct. App. 2019
Althaus v. Krueger 929 N.W.2d 907 Minn. Ct. App. 2019
Although not binding, see Borchert v. Maloney , , 840 (Minn. 1998), the advisory committee comments to the 2008 amendments to rule 68 support our interpretation.
Lauren Hamilton v. Progressive Direct Insurance Company Minn. Ct. App. 2019
When determining the prevailing party, “the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” (quotation omitted).
John Athanasakoupolous, et al v. William F. Bogart, et al., Michael Behm, et al Minn. Ct. App. 2018
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” Borchert v. Maloney
St. Jude Medical, Inc. v. Heath Carter, et al Minn. Ct. App. 2018
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” Borchert v. Maloney , see Elsenpeter v. St.
Manufacturing Solutions of Minnesota, Inc., et al v. Abrasive Specialists, Inc. Minn. Ct. App. 2018
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”
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
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” Borchert v. Maloney
Ernster v. Scheele 895 N.W.2d 262 Minn. Ct. App. 2017
Ernster v. Scheele 895 N.W.2d 262 Minn. Ct. App. 2017
“In determining who qualifies as the prevailing party in an action, the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” (quotation omitted).
Staffing Specifix, Inc. v. TempWorks Management Services, Inc. 896 N.W.2d 115 Minn. Ct. App. 2017
Staffing Specifix, Inc. v. TempWorks Management Services, Inc. 896 N.W.2d 115 Minn. Ct. App. 2017
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”
Victoria L. Sloan v. Kelly O’Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management LLC Minn. Ct. App. 2017
Victoria L. Sloan v. Kelly O’Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management LLC Minn. Ct. App. 2017
“In determining who qualifies as the prevailing party in an action, the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded 3 in the action.” (quotation omitted).
Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC Minn. Ct. App. 2016
Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC Minn. Ct. App. 2016
d 838, 840 (Minn. 1998) (applying general costs-and-disbursements statute and rejecting argument that defendant was prevailing party when final judgment was in favor of plaintiff but amount of judgment was less than settlement offer by defendant); Elsenpeter v. St.
Andrew Kaeding, et al v. Karl Auleciems, Susanne Auleciems 886 N.W.2d 658 Minn. Ct. App. 2016
Andrew Kaeding, et al v. Karl Auleciems, Susanne Auleciems 886 N.W.2d 658 Minn. Ct. App. 2016
“In determining who qualifies as the prevailing party in an action, the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” (quotation omitted).
Soderberg & Vail, LLC v. Meshbesher & Spence, Ltd. Minn. Ct. App. 2016
Soderberg & Vail, LLC v. Meshbesher & Spence, Ltd. Minn. Ct. App. 2016
Equity Residential Holdings, LLC v. Gerald Koenig Minn. Ct. App. 2015
Equity Residential Holdings, LLC v. Gerald Koenig Minn. Ct. App. 2015
Tenant argues that, while the statute requires the tenant to “prevail,” the statute does not require the tenant to be the “prevailing party.” “The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” (quotation omitted).
Linda K. Yonak, et al v. Hawker Well Works, Inc., et al Minn. Ct. App. 2015
Linda K. Yonak, et al v. Hawker Well Works, Inc., et al Minn. Ct. App. 2015
“In determining who qualifies as the prevailing party in an action, the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” (quotation omitted).
Gale Allen Rachuy v. Duluth Police Department Property Room, et al Minn. Ct. App. 2015
Gale Allen Rachuy v. Duluth Police Department Property Room, et al Minn. Ct. App. 2015
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”
HNA Properties v. Moore 848 N.W.2d 238 Minn. Ct. App. 2014
HNA Properties v. Moore 848 N.W.2d 238 Minn. Ct. App. 2014
The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.” (quotation omitted).
Elsenpeter v. St. Michael Mall, Inc. 794 N.W.2d 667 Minn. Ct. App. 2011
Elsenpeter v. St. Michael Mall, Inc. 794 N.W.2d 667 Minn. Ct. App. 2011
“In determining who qualifies as the prevailing party in an action, the general result should be considered, and inquiry made as to who has, in the view of the law, succeeded in the action.” (quotation omitted).
COMMANDEUR LLC v. Howard Hartry, Inc. 724 N.W.2d 508 Minn. 2006