Cited by
Opinions in Minnesota that cite Braith v. Fischer, 632 N.W.2d 716.
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In re the Marriage of: Rebekah L. Bennett, petitioner, Appellant,
Minn. Ct. App. 2017
7 77 (Minn. App. 2017); review denied (Minn. Oct.
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In re the Marriage of:
Minn. Ct. App. 2017
“Procedural and evidentiary rulings ar e within the district court’s discretion and are also reviewed under an a buse-of-discretion standard.” d 716, 721 (Minn. App. 2001), review denied (Minn. Oct.
- In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem 891 N.W.2d 51 Minn. Ct. App. 2017
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In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem
891 N.W.2d 51
Minn. Ct. App. 2017
(stating insubstantial modification does not require evidentiary hearing and is appropriate if modification serves child’s best interests), review denied (Minn. Oct.
- In the Matter of: Bret William Smith v. Timothy Patrick Lyons Minn. Ct. App. 2017
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In the Matter of: Bret William Smith v. Timothy Patrick Lyons
Minn. Ct. App. 2017
review denied (Minn. Oct.
- In re the Marriage of: Jennifer Dawn Nyakundi v. Gilbert Ogamba Nyakundi Minn. Ct. App. 2016
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In re the Marriage of: Jennifer Dawn Nyakundi v. Gilbert Ogamba Nyakundi
Minn. Ct. App. 2016
Because father did not present this argument to the district court, it is not properly before us. Thiele, d at 582; (refusing, under Thiele, to address a claim of district court bias), review denied (Minn. Oct.
- In re the Marriage of: Reno L. Brandt v. Jessie J. Johnson, f/k/a Jessie J. Brandt Minn. Ct. App. 2016
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In re the Marriage of: Reno L. Brandt v. Jessie J. Johnson, f/k/a Jessie J. Brandt
Minn. Ct. App. 2016
review denied (Minn. Oct.
- Grefe Construction, Inc. v. Double J Concrete & Masonry, Inc. Minn. Ct. App. 2016
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Grefe Construction, Inc. v. Double J Concrete & Masonry, Inc.
Minn. Ct. App. 2016
review denied (Minn. Oct.
- State of Minnesota v. Timothy Ivan Kotten Minn. Ct. App. 2016
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State of Minnesota v. Timothy Ivan Kotten
Minn. Ct. App. 2016
-25 (Minn. App. 2001) (), review denied (Minn. Oct.
- 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
“Appointment of a parenting time expeditor must be conducted following the statutory procedures set out in Minn. Stat. § 518.1751.” review denied (Minn. Oct.
- In re the Marriage of: Melissa Louise Constantini v. Brent John Constantini Minn. Ct. App. 2016
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In re the Marriage of: Melissa Louise Constantini v. Brent John Constantini
Minn. Ct. App. 2016
“The district court is granted broad discretion to determine what is in the best interests of the child when it comes to [parenting time,] and we will not overturn its determination absent an abuse of discretion.” review denied (Minn. Oct.
- J. T. S. v. S. L. v. B. Minn. Ct. App. 2015
- In re the Estate of Harry L. Housker, Decedent. Minn. Ct. App. 2015
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In re the Estate of Harry L. Housker, Decedent.
Minn. Ct. App. 2015
review denied (Minn. Oct.
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J. T. S. v. S. L. v. B.
Minn. Ct. App. 2015
P. 52.01 (“[D]ue regard shall be given to the opportunity of the [district] court to judge the credibility of the witnesses.”); (stating that “the district court is in the best position to judge the credibility of the witnesses and make determinations in the face of conflicting testimony and must be given due deference”), 3 The district court specifically found that mother’s allegations regarding the upkeep of fathe
- Thomas C. Rubey v. Valerie A. Vannett Minn. Ct. App. 2015
- In re Guardianship of Charles Rottelo, Ward. Minn. Ct. App. 2015
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Thomas C. Rubey v. Valerie A. Vannett
Minn. Ct. App. 2015
“Procedural and evidentiary rulings are within the district court’s discretion and are also reviewed under an abuse-of-discretion standard.” d 716, 721 (Minn. App. 2001), review denied (Minn. Oct.
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In re Guardianship of Charles Rottelo, Ward.
Minn. Ct. App. 2015
-25 (Minn. App. 2001) (), review denied (Minn. Oct.
- In re the Marriage of: Christopher Pettey v. Melissa Denise Pettey Minn. Ct. App. 2015
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In re the Marriage of: Christopher Pettey v. Melissa Denise Pettey
Minn. Ct. App. 2015
v. Midway Ctr., Inc., 306 Minn. 352, 356, (stating that, to prevail on appeal, a party must show error and that error caused prejudice); (citing rule 61 and Midway Ctr.
- In re the Matter of Boyd Jacob Phelps v. Lynnea Diana Sterling Minn. Ct. App. 2015
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In re the Matter of Boyd Jacob Phelps v. Lynnea Diana Sterling
Minn. Ct. App. 2015
hat the custody evaluator was “prejudicially tainted by Cross.” To the extent that Sterling challenges the district court’s credibility determinations, we must defer to the district court because “the district court is in the best position to judge the credibility of the witnesses and make determinations in the face of conflicting testimony and must be given due deference.” review denied (Minn. Oct.
- Cheryl Kaufenberg v. The Winkley Company d/b/a Winkley Orthotics & Prosthetics Minn. Ct. App. 2015
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Cheryl Kaufenberg v. The Winkley Company d/b/a Winkley Orthotics & Prosthetics
Minn. Ct. App. 2015
review denied (Minn. Oct.
- Ahmadani Hassan Mohamed v. Eric Elijah Aaron Minn. Ct. App. 2015
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Ahmadani Hassan Mohamed v. Eric Elijah Aaron
Minn. Ct. App. 2015
review denied (Minn. Oct.
- Michael Charles Sasse, f/k/a Michael Charles Sasse Penkert v. Kathryn Elizabeth Penkert, f/k/a Delight Bernice Penkert Minn. Ct. App. 2015
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Michael Charles Sasse, f/k/a Michael Charles Sasse Penkert v. Kathryn Elizabeth Penkert, f/k/a Delight Bernice Penkert
Minn. Ct. App. 2015
12 “The district court is granted broad discretion to determine what is in the best interests of the child when it comes to visitation and we will not overturn its determination absent an abuse of discretion.” review denied (Minn. Oct.
- Myon Demarlo Burrell v. State of Minnesota 858 N.W.2d 779 Minn. 2015
- Myon Demarlo Burrell v. State of Minnesota 858 N.W.2d 779 Minn. 2015
- In re the Marriage of: Peiliang Yuan v. Te Hao, and In re the Matter of: Te Hao … Minn. Ct. App. 2014
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In re the Marriage of: Peiliang Yuan v. Te Hao, and In re the Matter of: Te Hao …
Minn. Ct. App. 2014
And “the district court is in the best position to judge the credibility of the witnesses and make determinations in the face of conflicting testimony and must be given due deference.” review denied (Minn. Oct.
- In re the Marriage of: Becki Anne Suleski, f/k/a Becki Anne Rupe v. Ryan Michael Rupe 855 N.W.2d 330 Minn. Ct. App. 2014
- In re the Marriage of: Becki Anne Suleski, f/k/a Becki Anne Rupe v. Ryan Michael Rupe 855 N.W.2d 330 Minn. Ct. App. 2014
- Beverly Alto v. Kenneth Alto Minn. Ct. App. 2014
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Beverly Alto v. Kenneth Alto
Minn. Ct. App. 2014
[and] the burden of showing error rests upon the one who relies upon it.”) (quoting Waters v. Fiebelkorn, 216 Minn. 489, 495, −65 (1944)); (applying Loth).
- Jeffrey Philip Dawson v. Sara Rhea Taylor, County of Dakota, Intervenor. Minn. Ct. App. 2014
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Jeffrey Philip Dawson v. Sara Rhea Taylor, County of Dakota, Intervenor.
Minn. Ct. App. 2014
review denied (Minn. Oct.
- Sergey Porada, Yelena Kurdyumova v. Terry I. Monroe, Marc L. Kruger Minn. Ct. App. 2014
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Sergey Porada, Yelena Kurdyumova v. Terry I. Monroe, Marc L. Kruger
Minn. Ct. App. 2014
review denied (Minn. Oct.
- In re the Matter of: Ronald Lee Kish v. Kimberly Sue Wirth Minn. Ct. App. 2014
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In re the Matter of: Ronald Lee Kish v. Kimberly Sue Wirth
Minn. Ct. App. 2014
review denied (Minn. Oct.