Cited by
Opinions in Minnesota that cite Alpha Real Estate Co. of Rochester v. Delta Dental Plan of Minnesota, 664 N.W.2d 303.
- Scott Trebelhorn, d/b/a Trebelhorn & Associates, Appellant, Minn. Ct. App. 2017
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In re the Estate of Anna McMullen, Deceased.
Minn. Ct. App. 2017
When the parties have re duced their agreement to an unambiguous integrated writing, the parol evidence rule pr ohibits “the admission of extrinsic evidence of prior or contemporaneous oral agreements , or prior written agreements, to explain the meaning of a contract.” d 303, 312 (Minn. 2003) (quotation omitted).
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PET Enterprises and Motortech, Inc., et al., Respondents,
Minn. Ct. App. 2017
On appeal from a judgment when there has been no motion for a new trial, we review “whether the evidence sustains the findings of fact[,] and whether such findings sustain the conclusions of law.” Gruenhagen v. Larson, 310 Minn. 454, 458, -10 (Minn. 2003).
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In re the Marriage of: David Joseph Williams, petitioner, Appellant,
Minn. Ct. App. 2017
(“[M]otions for a new trial .
- Curtis Trude, (A15-0378), (A15-1863, A15-1864), Glenwood State Bank, counterclaimant, and third party v. Peterson Earth Movers, Inc., Third … Minn. Ct. App. 2016
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Curtis Trude, (A15-0378), (A15-1863, A15-1864), Glenwood State Bank, counterclaimant, and third party v. Peterson Earth Movers, Inc., Third …
Minn. Ct. App. 2016
This rule preventing review of issues not raised in posttrial motions “does not apply to substantive questions of law that were properly raised during trial.”
- Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5 Minn. Ct. App. 2016
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Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5
Minn. Ct. App. 2016
or alter the [integrated] written agreement.” See id.; 3 In addition to this statement, Hunt cites to a number of matters extrinsic to the complaint including (1) the state’s “regular practice” of negotiating grievance settlements with explicit employment bans, (2) discussions between the state and AFSCME about a possible future employment ban, (3) the state’s “re
- In re the Marriage of: Beth Carolyn Potter v. Joseph Leroy Potter Minn. Ct. App. 2016
- In re the Marriage of: Beth Carolyn Potter v. Joseph Leroy Potter Minn. Ct. App. 2016
- In the Matter of the Welfare of the Child of: C. L. O. and J. J. S., Parents. Minn. Ct. App. 2016
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In the Matter of the Welfare of the Child of: C. L. O. and J. J. S., Parents.
Minn. Ct. App. 2016
d 303, 309 (Minn. 2003) (restating “longstanding rule” that “matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error” (quotation omitted)).
- In re the Marriage of: Carol Lee D'Costa v. Joseph Francis D'Costa Minn. Ct. App. 2016
- In re the Marriage of: Carol Lee D'Costa v. Joseph Francis D'Costa Minn. Ct. App. 2016
- James F. Christie v. Estate of Dilman Christie, Charles Christie Minn. Ct. App. 2015
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James F. Christie v. Estate of Dilman Christie, Charles Christie
Minn. Ct. App. 2015
(ruling that a motion for a new trial is not a prerequisite for appellate review of a substantive question of law that was previously considered and addressed by the district court).
- Randy Lundgren v. Diane Cash Minn. Ct. App. 2015
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Randy Lundgren v. Diane Cash
Minn. Ct. App. 2015
Appellant’s argument is based on the parol evidence rule, which “prohibits the admission of extrinsic evidence of prior or contemporaneous oral agreements, or prior written agreements, to explain the meaning of a contract when the parties have reduced their agreement to an unambiguous integrated writing.” (quotation omitted).
- Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, and third party v. Les Nielsen, third party 868 N.W.2d 689 Minn. Ct. App. 2015
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Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, and third party v. Les Nielsen, third party
868 N.W.2d 689
Minn. Ct. App. 2015
However, motions for a new trial “are not a prerequisite for appellate review of substantive questions of law when a genuine issue of law is properly raised and 6 considered at the district court level.”
- Bobbie Teeple v. Estate of Dylan Cox Minn. Ct. App. 2015
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Bobbie Teeple v. Estate of Dylan Cox
Minn. Ct. App. 2015
Sauter, d at 201-02; Heise v. J.R. Clark Co., 245 Minn. 179, 191, (citing cases); cf. Alpha Real Estate Co. v. Delta Dental 4 Plan, Tyroll v. Private Label Chemicals, Inc.
- Kaytee Hooser v. Keith Anderson Minn. Ct. App. 2015
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Kaytee Hooser v. Keith Anderson
Minn. Ct. App. 2015
Because he did not file a motion for new trial, our review is limited to substantive legal issues properly raised in and considered by the district court, whether the evidence supports the findings of fact, and whether those findings support the conclusions of law and judgment.1 –310 (Minn. 2003); Gruenhagen v. Larson, 310 Minn. 454, 458
- Ahmadani Hassan Mohamed v. Eric Elijah Aaron Minn. Ct. App. 2015
- Ahmadani Hassan Mohamed v. Eric Elijah Aaron Minn. Ct. App. 2015
- RDNT, LLC v. City of Bloomington 861 N.W.2d 71 Minn. 2015
- RDNT, LLC v. City of Bloomington 861 N.W.2d 71 Minn. 2015
- In the Matter of the Cross Application of Anthony E. Sampair and Laurie K. Sampair to register the … Minn. Ct. App. 2014
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In the Matter of the Cross Application of Anthony E. Sampair and Laurie K. Sampair to register the …
Minn. Ct. App. 2014
-10 (Minn. 2003) (reiterating that a motion for a new trial is a prerequisite for review of issues of “trial procedure, evidentiary rulings and jury instructions”).
- In re the Marriage of: Helen Kernik v. James Kernik, Judith Murphy Minn. Ct. App. 2014
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In re the Marriage of: Helen Kernik v. James Kernik, Judith Murphy
Minn. Ct. App. 2014
(stating that a new-trial motion is not a prerequisite to appellate review of substantive legal issues properly raised and considered in district court); Gruenhagen v. Larson, 310 Minn. 454, 458, (stating that absent a motion for new trial, appellate courts may review wh
- Gieseke v. IDCA, Inc. 844 N.W.2d 210 Minn. 2014
- Gieseke v. IDCA, Inc. 844 N.W.2d 210 Minn. 2014
- Michaels v. First USA Title, LLC 844 N.W.2d 528 Minn. Ct. App. 2014
- Michaels v. First USA Title, LLC 844 N.W.2d 528 Minn. Ct. App. 2014
- Poppler v. Wright Hennepin Cooperative Electric Ass'n 834 N.W.2d 527 Minn. Ct. App. 2013
- Poppler v. Wright Hennepin Cooperative Electric Ass'n 834 N.W.2d 527 Minn. Ct. App. 2013
- City of Moorhead v. Red River Valley Cooperative Power Ass'n 830 N.W.2d 32 Minn. 2013
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City of Moorhead v. Red River Valley Cooperative Power Ass'n
830 N.W.2d 32
Minn. 2013
“In contrast to matters arising during the course of trial, we do not give deference to the district court’s conclusions of law and we review questions of law de novo.”
- Moen v. Sunstone Hotel Properties, Inc. 818 N.W.2d 573 Minn. Ct. App. 2012
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Moen v. Sunstone Hotel Properties, Inc.
818 N.W.2d 573
Minn. Ct. App. 2012
When no motion for a new trial has been made, this court’s review of the underlying judgment is limited to “substantive questions of law.”
- Maday v. Grathwohl 805 N.W.2d 285 Minn. Ct. App. 2011
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Maday v. Grathwohl
805 N.W.2d 285
Minn. Ct. App. 2011
The parol evidence rule “prohibits the admission of extrinsic evidence of prior or contemporaneous oral agreements, or prior written agreements, to explain the meaning of a contract when the parties have reduced their agreement to an unambiguous integrated writing.” (quotation omitted).
- U.S. Bank N. A. v. Cold Spring Granite Co. 802 N.W.2d 363 Minn. 2011
- U.S. Bank N. A. v. Cold Spring Granite Co. 802 N.W.2d 363 Minn. 2011
- Continental Retail, LLC v. County of Hennepin 801 N.W.2d 395 Minn. 2011
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Continental Retail, LLC v. County of Hennepin
801 N.W.2d 395
Minn. 2011
Previously, we have held that a motion for a new trial or amended findings is a prerequisite to appellate review regarding matters of “trial procedure, evidentiary rulings, and jury instructions” that arise “during the course of trial.” () (internal quotation marks omitted).
- American Bank of St. Paul v. City of Minneapolis 802 N.W.2d 781 Minn. Ct. App. 2011
- American Bank of St. Paul v. City of Minneapolis 802 N.W.2d 781 Minn. Ct. App. 2011