Cited by
Opinions in Minnesota that cite Marriage of Sefkow v. Sefkow, 427 N.W.2d 203.
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Marriage of Haefele v. Haefele
621 N.W.2d 758
Minn. Ct. App. 2001
29, 1996); (explaining that reviewing courts generally affirm a district court’s credibility determinations, since the district court is in the best position to assess witnesses).
- Roquemore v. State Farm Mutual Automobile Insurance Co. 610 N.W.2d 694 Minn. Ct. App. 2000
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Roquemore v. State Farm Mutual Automobile Insurance Co.
610 N.W.2d 694
Minn. Ct. App. 2000
(reversing court of appeals, noting “[t]he function of the court of appeals is limited to identifying errors and then correcting them”); see also Blanche v.1995 Pontiac Grand Prix, (Stringer, dissenting) (“[W]e have long recognized that ‘[c]ourts have nothing to do with
- In Re the Welfare of P.R.L. 606 N.W.2d 72 Minn. Ct. App. 2000
- Stensrud v. LYON COUNTY DITCH 7 609 N.W.2d 286 Minn. Ct. App. 2000
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In Re the Welfare of P.R.L.
606 N.W.2d 72
Minn. Ct. App. 2000
-212 (Minn.1988) (in lengthy child custody dispute, evidence concerning four and one-half years since marital separation “crucial” to determining current best interests of child).
- Stensrud v. LYON COUNTY DITCH 7 609 N.W.2d 286 Minn. Ct. App. 2000
- Vangsness v. Vangsness 607 N.W.2d 468 Minn. Ct. App. 2000
- Vangsness v. Vangsness 607 N.W.2d 468 Minn. Ct. App. 2000
- LaChapelle v. Mitten 607 N.W.2d 151 Minn. Ct. App. 2000
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LaChapelle v. Mitten
607 N.W.2d 151
Minn. Ct. App. 2000
(reversing court of appeals, noting “[t]he function of the court of appeals is limited to identifying errors and then correcting them”).
- Whalen Ex Rel. Whalen v. Whalen 594 N.W.2d 277 Minn. Ct. App. 1999
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Whalen Ex Rel. Whalen v. Whalen
594 N.W.2d 277
Minn. Ct. App. 1999
See Tonka Tours, (whether a party acts in good faith is essentially a credibility determination); (appellate courts defer to district court credibility determinations).
- Petition of Santoro 578 N.W.2d 369 Minn. Ct. App. 1998
- Petition of Santoro 578 N.W.2d 369 Minn. Ct. App. 1998
- In Re Paternity of BJH 573 N.W.2d 99 Minn. Ct. App. 1998
- A.J.S. v. M.T.H. 573 N.W.2d 99 Minn. Ct. App. 1998
- In Re Paternity of BJH 573 N.W.2d 99 Minn. Ct. App. 1998
- A.J.S. v. M.T.H. 573 N.W.2d 99 Minn. Ct. App. 1998
- Marriage of Dobrin v. Dobrin 569 N.W.2d 199 Minn. 1997
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Marriage of Dobrin v. Dobrin
569 N.W.2d 199
Minn. 1997
v. Sefkow as follows: We have criticized before the court of appeals’ misapplication of the scope of review when it has usurped the role of the trial court by reweighing the evidence and finding its own facts: “Appellate review of custody 3 determinations is limited to whether the trial court abused its discretion by making findings unsupported by the evidence or by improperly applying the law.” (citations omitted).
- Silbaugh v. Silbaugh 543 N.W.2d 639 Minn. 1996
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Silbaugh v. Silbaugh
543 N.W.2d 639
Minn. 1996
To defeat that presumption, the party opposing removal must offer evidence which would establish that the removal is not in the best interests of the child and would endanger the child’s health and well-being, Minn. Stat. § 518.18 (d)(iii) (1994), or that the removal is intended to interfere with visitation, Minn. Stat. § 518.175 , subd.
- Marriage of Sanderson v. Sanderson 541 N.W.2d 301 Minn. 1995
- Marriage of Sanderson v. Sanderson 541 N.W.2d 301 Minn. 1995
- In re Adopt K.L.L. 515 N.W.2d 618 Minn. Ct. App. 1994
- Matter of KLL 515 N.W.2d 618 Minn. Ct. App. 1994
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In re Adopt K.L.L.
515 N.W.2d 618
Minn. Ct. App. 1994
52.01; (“deference must be given to the opportunity of the trial court to assess the credibility of the witnesses”).
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Matter of KLL
515 N.W.2d 618
Minn. Ct. App. 1994
52.01; ("deference must be given to the opportunity of the trial court to assess the credibility of the witnesses").
- Marriage of Ayers v. Ayers 508 N.W.2d 515 Minn. 1993
- Marriage of Ayers v. Ayers 508 N.W.2d 515 Minn. 1993
- Marriage of Auer v. Scott 494 N.W.2d 54 Minn. Ct. App. 1992
- Marriage of Auer v. Scott 494 N.W.2d 54 Minn. Ct. App. 1992
- Elgard v. Dudley 471 N.W.2d 681 Minn. Ct. App. 1991
- Elgard v. Dudley 471 N.W.2d 681 Minn. Ct. App. 1991
- In Re the Welfare of M.D.O. 462 N.W.2d 370 Minn. 1990
- Criticized In Re the Welfare of M.D.O. 462 N.W.2d 370 Minn. 1990
- Marriage of Maxfield v. Maxfield 452 N.W.2d 219 Minn. 1990
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Marriage of Maxfield v. Maxfield
452 N.W.2d 219
Minn. 1990
wherein we said, “Only if this [separation] date is *222 reasonably close to the actual trial does the Pikula analysis have any viability.” In Sefkow , however, the parties had been litigating custody for 4¾⅛ years after separation.
- Marriage of Maxfield v. Maxfield 439 N.W.2d 411 Minn. Ct. App. 1989
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Marriage of Maxfield v. Maxfield
439 N.W.2d 411
Minn. Ct. App. 1989
ANALYSIS Standard of Review “Appellate review of custody determinations is limited to whether the trial court abused its discretion by making findings unsupported by the evidence or by improperly applying the law.” ( Berndt v. Berndt, 292 N.W.
- Marriage of Merrick v. Merrick 440 N.W.2d 142 Minn. Ct. App. 1989
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Marriage of Merrick v. Merrick
440 N.W.2d 142
Minn. Ct. App. 1989
(a de novo review of the record by the court of appeals in a child custody proceeding held to exceed the scope of review of the appellate court).
- Marriage of Lyon v. Lyon 439 N.W.2d 18 Minn. 1989
- Marriage of Lyon v. Lyon 439 N.W.2d 18 Minn. 1989
- Stiff v. Associated Sewing Supply Co. 436 N.W.2d 777 Minn. 1989
- Stiff v. Associated Sewing Supply Co. 436 N.W.2d 777 Minn. 1989
- Marriage of McKee-Johnson v. Johnson 429 N.W.2d 689 Minn. Ct. App. 1988
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Marriage of McKee-Johnson v. Johnson
429 N.W.2d 689
Minn. Ct. App. 1988
(“only if this date is reasonably close to the actual trial”).
- Doren v. Doren 431 N.W.2d 558 Minn. Ct. App. 1988