Cited by
Opinions in Minnesota that cite Marriage of Geske v. Marcolina, 624 N.W.2d 813.
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In Re: Court Ordered MSA 103E.715 Subd 6 - Repair Matter.
Minn. Ct. App. 2017
(in marital-dissolution action, stating that as movant, party seeking attorney fees “had the burden of showing” the factual basis to support award an award of attorney fees).
- In re the Marriage of: Minn. Ct. App. 2017
- In re the Marriage of: Bridget Kathleen Corrigan, f/k/a Bridget Kathleen Schmidt v. Daniel Thomas Schmidt Minn. Ct. App. 2017
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In re the Marriage of: Bridget Kathleen Corrigan, f/k/a Bridget Kathleen Schmidt v. Daniel Thomas Schmidt
Minn. Ct. App. 2017
1(b)(1) (2016); n.2 (Minn. App. 2001) (concluding that cases decided under a prior version of a statute 9 “have been, to the extent they are inconsistent with the amended statute, superseded by the amended statute”).
- In re the Custody of M. M. L. Nathan James Sands v. Sue Mae Lovick, Dakota County Minn. Ct. App. 2016
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In re the Custody of M. M. L. Nathan James Sands v. Sue Mae Lovick, Dakota County
Minn. Ct. App. 2016
(“Because there are different requirements for a fee award, depending on the authority upon which the award is based, a proper review requires that the district court identify the authority for its fee award.”).
- In re the Marriage of: Christopher John Anton v. Romona L. Sparks, f/k/a Romona L. Anton Minn. Ct. App. 2016
- In re the Marriage of: Rachel Lynn Rogers v. David Matthew Rogers Minn. Ct. App. 2016
- In re the Marriage of: Heidi B. Moon v. Roderick H. Moon Minn. Ct. App. 2016
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In re the Marriage of: Rachel Lynn Rogers v. David Matthew Rogers
Minn. Ct. App. 2016
1 (requiring findings on three factors: necessary for good-faith assertion of rights, obligor has means to pay, and obligee has inability to pay); n.2 (Minn. App. 2001) (noting cases asserting that a disparity in resources is a sufficient basis for an award of need-based attorney fees are stale).
- In re the Marriage of: Heidi B. Moon v. Roderick H. Moon Minn. Ct. App. 2016
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In re the Marriage of: Christopher John Anton v. Romona L. Sparks, f/k/a Romona L. Anton
Minn. Ct. App. 2016
d 813, 818 (Minn. App. 2001).
- Marriage of Baertsch v. Baertsch 886 N.W.2d 235 Minn. Ct. App. 2016
- Marriage of Baertsch v. Baertsch 886 N.W.2d 235 Minn. Ct. App. 2016
- In re the Marriage of: Dawn Angela Swenson v. Shawn Anthony Pedri, County of Dakota, intervenor Minn. Ct. App. 2016
- In re the Marriage of: Dawn Angela Swenson v. Shawn Anthony Pedri, County of Dakota, intervenor Minn. Ct. App. 2016
- In re the Marriage of: Kari Wynn Wahlstrom v. Eric David Wahlstrom Minn. Ct. App. 2016
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In re the Marriage of: Kari Wynn Wahlstrom v. Eric David Wahlstrom
Minn. Ct. App. 2016
n.1 (Minn. App. 2001) (noting a tension in precedent regarding whether a need-based award of attorney fees is mandatory or discretionary).
- In re the Marriage of: Elizabeth Mary Ferguson v. Bradley Alan Ferguson Minn. Ct. App. 2016
- In re the Marriage of: Elizabeth Mary Ferguson v. Bradley Alan Ferguson Minn. Ct. App. 2016
- In re the Marriage of: Brian Matthew Hood v. Katherine June Downing Minn. Ct. App. 2016
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In re the Marriage of: Brian Matthew Hood v. Katherine June Downing
Minn. Ct. App. 2016
review denied (Minn. Aug.
- In re the Marriage of: James Walter Shaw v. Barbara Ann Shaw Minn. Ct. App. 2016
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In re the Marriage of: James Walter Shaw v. Barbara Ann Shaw
Minn. Ct. App. 2016
cific findings on the statutory factors for a need-based fee award “is not fatal to an award where review of the order ‘reasonably implies’ that the district court considered the relevant factors and where 18 the district court ‘was familiar with the history of the case’ and ‘had access to the parties’ financial records.’” (-26 (Minn. 1999).
- In re the Marriage of: Julie Ann Summers v. Jonathon Roger Summers Minn. Ct. App. 2016
- In re the Marriage of: Julie Ann Summers v. Jonathon Roger Summers Minn. Ct. App. 2016
- In re the Marriage of: Janelle M. Schires v. Vernon D. Schires Minn. Ct. App. 2016
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In re the Marriage of: Janelle M. Schires v. Vernon D. Schires
Minn. Ct. App. 2016
(stating that a district court’s recitation of the parties’ assertions “is not making true findings” because findings of fact “must be affirmatively stated as findings of the trial court”); n.3 (Minn. App. 2001) (citing this aspect of Dean).
- Negassi H. Ghebrehiwet v. Khaled Ghneim Minn. Ct. App. 2016
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Negassi H. Ghebrehiwet v. Khaled Ghneim
Minn. Ct. App. 2016
See, (remanding conduct-based attorney fees because district court failed to identify the conduct that justified the award and whether it occurred during litigation).
- In re the Marriage of: Tarah Ann Aanerud v. James Richard Aanerud Minn. Ct. App. 2015
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In re the Marriage of: Tarah Ann Aanerud v. James Richard Aanerud
Minn. Ct. App. 2015
d 813, 816 n.1 (Minn. App. 2001) (noting a tension in supreme court caselaw regarding whether an attorney fee award under Minn. Stat. § 518.14, subd.
- In re the Marriage of: Kumiko Olivia Highley v. Christopher Alan Kvaal Minn. Ct. App. 2015
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In re the Marriage of: Kumiko Olivia Highley v. Christopher Alan Kvaal
Minn. Ct. App. 2015
17 n.1 (Minn. App. 2001) (noting a tension in supreme court caselaw regarding whether an attorney fee award under Minn. Stat. § 518.14, subd.
- In re the Marriage of: Christophe Traore Dit Labarere v. Fatima Lakehal Minn. Ct. App. 2015
- In re the Marriage of: Christophe Traore Dit Labarere v. Fatima Lakehal Minn. Ct. App. 2015
- In re the Marriage of: Mary Patricia Myhre v. Steven Kenneth Myhre Minn. Ct. App. 2015
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In re the Marriage of: Mary Patricia Myhre v. Steven Kenneth Myhre
Minn. Ct. App. 2015
abused its discretion by awarding attorney fees to wife, despite acknowledging that court made no separate finding of husband’s ability to pay attorney fees, where language used by court reasonably implied that court believed husband had ability to pay wife’s attorney fees and court was familiar with history of case and had access to parties’ financial records); (“[A] lack of specific findings on the statutory factors for a need-based fee award .
- In re the Marriage of: Kristin Anne Schmidt v. Jonathan William Schmidt Minn. Ct. App. 2015
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In re the Marriage of: Kristin Anne Schmidt v. Jonathan William Schmidt
Minn. Ct. App. 2015
The conduct justifying such fees must occur “during the litigation process.”
- In re the Marriage of: Carrie Marie Lauderdale v. Scott James Lauderdale Minn. Ct. App. 2015
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In re the Marriage of: Carrie Marie Lauderdale v. Scott James Lauderdale
Minn. Ct. App. 2015
“Conclusory findings on the statutory factors do not adequately support a fee award.”
- Thomas Joseph Daley v. Anne Elizabeth Daley, n/k/a Anne E. Patrick-Daley Minn. Ct. App. 2015
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Thomas Joseph Daley v. Anne Elizabeth Daley, n/k/a Anne E. Patrick-Daley
Minn. Ct. App. 2015
But a lack of specific findings on the statutory factors for a need-based fee award “is not fatal to an award where review of the order ‘reasonably implies’ that the district court considered the relevant factors and where the district court ‘was familiar with the history of the case’ and ‘had access to the parties’ financial records.’” (-26 (Minn. 1999)).
- Jovani Nassar v. U.S. Home Corporation d/b/a Lennar Homes Minn. Ct. App. 2015
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Jovani Nassar v. U.S. Home Corporation d/b/a Lennar Homes
Minn. Ct. App. 2015
Components, Inc. v. New Horizon Homes, Inc., review denied (Minn. June 15, 1994); (noting that lack of findings for need-based fee awards in dissolution proceedings is “not fatal to an award where review of the order reasonably implies that the district court considered the relevant factors” and was familiar with the case history (quotation omitted)).
- In re the Marriage of: Stephen Joseph Moore v. Lisa Jo Jacobson, f/k/a Lisa Jo Moore Minn. Ct. App. 2015
- In re the Marriage of: Stephen Joseph Moore v. Lisa Jo Jacobson, f/k/a Lisa Jo Moore Minn. Ct. App. 2015
- In re the Custody of T.F. Shawn Kostrzewski v. Amy L. Frisinger, n/k/a Amy L. Budeau Minn. Ct. App. 2015
- In re the Custody of T.F. Shawn Kostrzewski v. Amy L. Frisinger, n/k/a Amy L. Budeau Minn. Ct. App. 2015