Cited by
Opinions in Minnesota that cite Braith v. Fischer, 632 N.W.2d 716.
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In Re the Custody of the Children of: Matthew Prescott Beale v. Sara Elizabeth Aase
Minn. Ct. App. 2026
Mother asserts that, even if father’s proposed modification was not a de facto custody modification, the endangerment standard still applies, rev. denied (Minn. Oct.
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In re the Marriage of: Margarita Alexandra Johannson v. John Joseph Johannson
Minn. Ct. App. 2026
“An assignment of error based on mere assertion and not supported by any argument or authorities” is forfeited “unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
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Kidane Sante Shulbe v. Ashley Rose Henke, St. Louis County
Minn. Ct. App. 2026
v. Midway Ctr., Inc., (applying this aspect of Midway in a family-law appeal), rev. denied (Minn. Oct.
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In Re the Custody of MIVB; Dustin Allen Basting v. Heather Mae Grehn
Minn. Ct. App. 2026
v. Midway Ctr., Inc., (Minn. 2 The order was amended to include the previously reserved issue of child support, which father does not dispute on appeal.
- In re the Guardianship and Conservatorship of Neal Rietveld Minn. Ct. App. 2026
- In the Marriage of: Sarah Nicole Smith v. Jonathan George Smith Minn. Ct. App. 2026
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In the Marriage of: Sarah Nicole Smith v. Jonathan George Smith
Minn. Ct. App. 2026
Schoepke v. Alexander Smith & Sons Carpet Co., (explaining that an assignment of error “not supported by any argument or authorities” is forfeited “unless prejudicial error is obvious on mere inspection”); (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
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In Re the Custody of NDF, Bradley David Leonhart v. Brittany Jean Flom
Minn. Ct. App. 2026
See Schoepke v. Alexander Smith & Sons Carpet Co., (stating “[a]n assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection”); see also Braith v. Fischer , (applying Schoepke in a family law appeal), rev. denied (Minn. Oct.
- Eric Michael Kroiss v. Allisia Timm n/k/a Allisia Spring Wild, County of Chisago, Intervenor Minn. Ct. App. 2025
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In the Matter of: Maria Cristina Gallo-Valdivia v. Christopher Graham Hanson, County of Anoka, Intervenor
Minn. Ct. App. 2025
“[E]videntiary rulings are within the district court’s discretion and are also reviewed under an abuse-of-discretion standard.” rev. denied (Minn. Oct.
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In Re the Marriage of: Tricia Margit Wilson v. Justin Arthur Wilson
Minn. Ct. App. 2025
“An assignment of error based on mere assertion and not supported by any argument or authorities” is forfeited “unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., ; (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
- In re the Marriage of: Petroula Nicole Hansen v. Espen Allen Hansen Minn. Ct. App. 2024
- County of Hennepin v. Christina Elizabeth VonderHaar, James Mark Hedquist Minn. Ct. App. 2024
- County of Hennepin v. Christina Elizabeth VonderHaar, James Mark Hedquist Minn. Ct. App. 2024
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In the Matter of: Rebecca Ann Pera Cole on behalf of Minor Child v. Zachary Cole
Minn. Ct. App. 2024
v. Midway Ctr., Inc. , d 76, 78 (Minn. 1975); see Braith v. Fischer , (applying Midway in a family-law appeal), rev. denied (Minn. Oct.
- In re the Matter of: Leah Morgan Oswald v. Jason Christopher Deyo, Dodge County, Intervenor Minn. Ct. App. 2024
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Heidi Ann Collins v. Angel Marie Morgan Below, Brandon Lee St. George
Minn. Ct. App. 2024
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., d 716, 725 (Minn. App. 2001) (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
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In re the Marriage of: Valentin Arkadievich Povarchuk v. Rebecca Joyce Povarchuk
Minn. Ct. App. 2023
See Schoepke v. Alexander Smith & Sons Carpet Co. , (assignment of error in a brief based on “mere assertion” and not supported by argument or authority “is [forfeited] and will not be considered on appeal unless prejudicial error is obvious on mere inspection”); (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
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In Re the Matter of the Custody of A. C. T. (DOB 8/01/2018), Charles L. Thompson v. Ashley …
Minn. Ct. App. 2023
Braith v. Fischer , rev. denied (Minn. Oct.
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In re the Marriage of: Russell Vander Wiel v. Sharna Ann Wahlgren
Minn. Ct. App. 2023
v. Midway Ctr., Inc., d 76, 78 (Minn. 1975); (applying Midway in a family-law appeal), rev. denied (Minn. Oct.
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In re the Marriage of: Catrina M. Rued v. Joseph D. Rued
Minn. Ct. App. 2023
d 716, 721 (Minn. App. 2001), rev. denied (Minn. Oct.
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In re the Marriage of: Elizabeth Ann Jones Chidothe v. Edward Chidothe
Minn. Ct. App. 2022
“An assignment of error based on mere assertion and not supported by any 7 argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co., ; see also Braith v. Fischer , (applying Schoepke in a family -law appeal) , rev. denied (Minn. Oct.
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In re the Marriage of: Catrina M. Rued v. Joseph D. Rued
Minn. Ct. App. 2022
[and] the burden of showing error rests upon the one who relies upon it.” Loth, d at 546; (applying this concept to a family-law appeal), rev. denied (Minn. Oct.
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In re the Marriage of: Lisa Ranelle Appelhof v. Joseph Theodore Appelhof, Jr.
Minn. Ct. App. 2022
v. Midway Ctr., Inc. , Horodenski v. Lyndale Green Townhome Ass’n , Inc. , ; (applying this aspect of Midway in a family law appeal) , rev. denied (Minn. Oct.
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Nicholas David Wivinus v. Nicole Lynette Nelson Anderson
Minn. Ct. App. 2021
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be consid ered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co. , see also Braith v. Fischer , (applying Schoepke in a family-law appeal), rev. denied (Minn. Oct.
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In the Matter of the Welfare of the Child of: J.H., Parent
Minn. Ct. App. 2021
“An assignment of error based on mere assertion and not supported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co. , 35 (Minn. 1971); see Braith v. Fischer , (applying Schoepke in a family law appeal), rev. denied (Minn. Oct.
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In re the Marriage of: Jeffrey Scott Jovaag v. Melissa Jo Helene Jovaag
Minn. Ct. App. 2021
As an initial matter, an “assignment of error based on mere assertion and not supported by any argument or authorities in ap pellant’s brief is waived and will not be 9 considered on appeal unless prejudicial error is obvious on mere inspection.” Schoepke v. Alexander Smith & Sons Carpet Co. , (applying Schoepke in a family law appeal), rev. denied (Minn. Oct.
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Mower County Health and Human Services, April Ann Rowe v. Michael Paul Osborn
Minn. Ct. App. 2021
See Schoepke v. Alexander Smith & Sons Carpet Co. , (deeming argument forfeited for insufficient briefing where no prejudicial error was obvious); (applying Schoepke in a family-law appeal), review denied (Minn. Oct.
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In re the Marriage of: Katherine Ann Reichert v. Matthew Alan Born, County of Dakota, Intervenor
Minn. Ct. App. 2021
the burden of showing error rests upon the one who relies upon it.” -65 (Minn. 1944); (applying this concept in a family-law appeal), review 7 denied (Minn. Oct.
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In re the Custody of: B. L. F., Cherries Chamberlain v. Neil Fleahman
Minn. Ct. App. 2021
review denied (Minn. Oct.
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In re the Matter of: Margaret Patricia Fagre, and o/b/o minor children v. Adam Lee Fagre
Minn. Ct. App. 2020
review denied (Minn. Oct.
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In re the Marriage of: Jill Melisa Sinda v. Richard Joseph Sinda
Minn. Ct. App. 2020
See Melius, d at 418 ( requiring appellant to demonstrate both abu se of discretion and prejudice to warrant reversal); (same).
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In re the Marriage of: Nathan Winesett v. Heather Winesett
Minn. Ct. App. 2020
303.03(b) (providing that the court may take “appropriate action” when a party fails to timely respond to a motion); Braith v. Fischer , (recognizing district court’s discretion in 4 procedural rulings), review denied (Minn. Oct.
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In re the Marriage of: Michael Dennis Dewar v. Luanna Sue Gary
Minn. Ct. App. 2020
However, procedural and evidentiary rulings are discretionary with the district court and are “reviewed under an abuse -of-discretion standard.” review denied (Minn. Oct.
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State of Minnesota v. Shawn Lorenzo Foote
Minn. Ct. App. 2020
-25 (Minn. App. 2001) (declining to address judicial -bias claim not presented to the district court), review denied (Minn. Oct.
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In re the Marriage of: Heidi Ann Kingsley v. Isaiah Thomas Kingsley
Minn. Ct. App. 2019
review denied (Minn. Oct.
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In re the Marriage of: Christopher Warren Rupp v. Elisabeth Hastings Felten, f/k/a Elisabeth Hastings Felten Rupp
Minn. Ct. App. 2019
11 time] and we will not overturn its determination absent an abuse of discretion.” 1 (Minn. App. 2001), review denied (Minn. Oct.
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In re the Matter of: Ronald Joseph Claeson v. Florence Marie Denais
Minn. Ct. App. 2019
review denied (Minn. Oct.
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Hubbard County Social Services, Amy Alyssa Post v. Samuel Morton Post III
Minn. Ct. App. 2019
bvious, this argument is not properly before us. See Schoepke v. Alexander Smith & Sons Carpet Co. , (stating that an “assignment of error based on mere assertion and not supported by an argument or authorities in appellant’s brief is waived and will not be considered on appeal 6 unless prejudicial error is obvious on mere inspection”); Braith v. Fischer , d 716, 725 (Minn. App .
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Kevin Robert Miller v. Commissioner of Public Safety
Minn. Ct. App. 2019
First, while appellant’s reply brief introduced this argument to some degree—stating, because appellant is “disabled under the law,” due to “evident physical injuries that he suffered to his face and mouth,” appellant “should have been offered a different testing method” —arguments appearing for the first time in a reply brief are not properly before us. See Braith v. Fischer , review denied (Minn. Oct.
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In re the Matter of: Dennis J. Arvig v. Trudy A. Kawlewski, County of Wadena, Intervenor
Minn. Ct. App. 2019
(“[T]he issue of bias was not presented to the district court and we decline to address the issue.”), review denied (Minn. Oct.
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In re the Marriage of: Gregory Joseph Parnell v. Christine Melanie Parnell
Minn. Ct. App. 2019
s obvious, this argument is not properly before us. See Schoepke v. Alexander Smith & Sons Carpet Co., (stating that an “assignment of error based on mere assertion and not sup ported by any argument or authorities in appellant’s brief is waived and will not be considered on appeal unless prejudicial error is obvious on mere inspection”); Braith v. Fischer , (applying Schoepke in a family law appeal), review denied (Minn. Oct.
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In re the Marriage of: Dennis D. Dickinson v. Marymargaret Dickinson
Minn. Ct. App. 2018
v. Wintz Parcel Drivers, Inc. , (concluding that the issue not properly briefed was waived), review denied (Minn. Oct.
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In re the Marriage of: Bijoy Raghavan v. Smeeta Antony
Minn. Ct. App. 2018
review denied (Minn. Oct.
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In re the Marriage of: Sarah L Braun v. Joseph Patrick Braun
Minn. Ct. App. 2018
review denied (Minn. Oct.
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Heritage Bank v. Gary D. Stortenbecker
Minn. Ct. App. 2018
–25 (Minn. App. 2001) (noting that appellant offered no evidence of bias and was simply dissatisfied with the outcome), review denied (Minn. Oct.
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In re the Custody of A. M. W. Kelly James Wadsen v. Jennifer Maggie Rosenthal
Minn. Ct. App. 2018
reviewed under an abuse-of-discretion standard.” review denied (Minn. Oct.
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In re the Matter of: Joseph Loren Conner v. Jakklyn Marie Netland
Minn. Ct. App. 2018
review denied (Minn. Oct.
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Jake Anthony Scharber-Pikula v. Sharon Renee Wynn
Minn. Ct. App. 2017
This rule applies in the context of judicial -bias clai ms. See Braith v. Fischer , -25 (Minn. App. 2001) (declining to address judicial -bias claim that was not presented to the district court) , review denied (Minn. Oct.
- Christensen v. Healey 899 N.W.2d 573 Minn. Ct. App. 2017