Cited by
Opinions in Minnesota that cite Borchert v. Maloney, 581 N.W.2d 838.
- Oronoco Estates MHC Owner LLC, d/b/a Oakwood Meadows MHC, Appellant (A25-1751), Minn. Ct. App. 2026
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Jerome E. Johnson, Appellant,
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.’” ().
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Travis Widner, Appellant,
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
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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).
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A23-1820
Minn. Ct. App. 2024
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”
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Mike Allen Homes, LLC, Appellant,
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
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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”).
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Dr. Wayne R. Freese, et al., Respondents,
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).
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Olson Property Investments, LLC, Appellant,
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.
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James Robinson, Appellant,
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.” .
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A20-0480
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)).
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Faith Technologies, Inc., Respondent, Biosar America, LLC, Respondent, Frattalone Companies, Inc., et al., Plaintiffs,
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.”).
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John Moore, Appellant,
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).
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Grand Central Lofts Phase I Condominiums, Respondent,
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).
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Hayley Elizabeth Kytta, Appellant,
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).
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Sokkhan Ka, Appellant,
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
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Gaddisee Gemeda Bedasso, Appellant,
Minn. Ct. App. 2019
Bedasso argues for a different result, d 838 (Minn. 1998).
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, A18-1302
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
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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.
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Lauren Hamilton, Respondent,
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).
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John Athanasakoupolous, et al., Appellants,
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
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St. Jude Medical, Inc., Appellant,
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.
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Manufacturing Solutions of Minnesota, Inc., et al., Appellants,
Minn. Ct. App. 2018
“The prevailing party in any action is one in whose favor the decision or verdict is rendered and judgment entered.”
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, A17-2080, A17-2081, 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
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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
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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
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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
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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 v. Karl Auleciems, Susanne Auleciems 886 N.W.2d 658 Minn. Ct. App. 2016
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Andrew Kaeding 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
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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 v. Hawker Well Works, Inc. Minn. Ct. App. 2015
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Linda K. Yonak v. Hawker Well Works, Inc.
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 Minn. Ct. App. 2015
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Gale Allen Rachuy v. Duluth Police Department Property Room
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
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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
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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