Cited by
Opinions in Minnesota that cite Marriage of Sefkow v. Sefkow, 427 N.W.2d 203.
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In re the Marriage of: Amy Joy Kemp, petitioner, Respondent,
Minn. Ct. App. 2023
-12 (Minn. 1988) (reversing this court’s ruling that district court could not consider post-separation evidence in determining custody, stating that “events of the past four and one- half years” of litigation were “not only relevant” but were “crucial in determining the child’s best interests”); Mize v. Kendall
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In re the Marriage of:
Minn. Ct. App. 2023
We will sustain factual findings unless they are clearly erroneous, and defer to the district court’s assessment of witness credibility
- In the Matter of: S. A. A., Appellant, Minn. Ct. App. 2023
- In re the Marriage of: Diane Faye Meyer, petitioner, Respondent, Minn. Ct. App. 2023
- Accredited Electrical Solutions, LLC, Respondent, Minn. Ct. App. 2023
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In re the Marriage of:
Minn. Ct. App. 2023
(stating that “[d]eference must be given to the opportunity of the trial court to assess the credibility of the witnesses”); (stating that “[c]onflicts in the evidence, even though the presentation is upon affidavits, are to be resolved b
- Deondra Warren, Appellant, Minn. Ct. App. 2023
- In re: Estate of Maryetta Louise Andrews. Minn. Ct. App. 2023
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State of Minnesota, Appellant,
Minn. Ct. App. 2023
The role of this court is to identify and correct errors and “describe[] what we believe to be the current state of the law.” (), aff’d
- Ronald Hagle, et al., Appellants, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
And “[t]he function of the court of appeals is limited to identifying errors and then correcting them.”
- A21-1725 Minn. Ct. App. 2023
- In re the Marriage of: Minn. Ct. App. 2023
- In re the Marriage of: Minn. Ct. App. 2023
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In re the Marriage of: Catrina M. Rued, petitioner, Respondent,
Minn. Ct. App. 2023
d 203, 210 (Minn. 1988).
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Kristen M. Egan, Respondent,
Minn. Ct. App. 2022
Though Egan makes arguably reasonable policy assertions about the discretionary authority of a district court pursuant to the statutorily created HRO special proceeding, we are “limited to identifying errors and then correcting them.” d 203, 210 (Minn. 1988) (citations omitted); (Minn. 2 Egan also directs us to Baker v. Baker, to argue that the district court has broad powers to order injunctive relief.
- In the Matter of the Welfare of the Children of: K. J. L. and M. A. M., Parents. Minn. Ct. App. 2022
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Dellwood Farm, LLC, Appellant,
Minn. Ct. App. 2022
(stating that an appellate court does not find facts).
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Criticized
In the Matter of the Welfare of: H.B., Child.
Minn. 2022
(“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 .
- Minnesota Department of Corrections, Relator, Minn. Ct. App. 2022
- In re the Marriage of: Anthony Michael Bottolene, petitioner, Respondent, Minn. Ct. App. 2022
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In re the Marriage of: Sneha Singh, petitioner, Respondent,
Minn. Ct. App. 2022
(noting that district court’s findings “implicitly indicate[d]” that it found certain evidence credible).
- Jesse Lambert Colburn, petitioner, Respondent, Minn. Ct. App. 2022
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Tama May Boe Kerber, Appellant,
Minn. Ct. App. 2022
“The function of the court of appeals is limited to identifying errors and then correcting them.” d 203, 210 (Minn. 1988); (quoting this aspect of Sefkow).
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In the Matter of the Welfare of: L. B., III, Child.
Minn. Ct. App. 2022
See Sefkow v. Sefkow , 12 (reiterating that appellate courts reviewing district court’s findings for clear error may not reweigh evidence or retry i ssue but only determine whether record supports findings).
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In re the Marriage of: Andrew Joseph Lee, petitioner, Appellant,
Minn. Ct. App. 2022
We will sustain factual findings unless they are clearly erroneous, and we defer to the district court’s opportunity to assess witness credibility
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In re the Matter of: Matthew Chandler
Minn. Ct. App. 2022
See Skarhus v. Davanni’s Inc., (holding that this court defers to the ULJ’s credibility determinations on appella te review); (holding that appellate courts do not reweigh evidence on appeal).
- In re the Marriage of: Ellen Jo Schneider, petitioner, Respondent, Minn. Ct. App. 2022
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In re the Marriage of: Johnay Marie Fanning, n/k/a Johnay Marie Frandsen, petitioner, Respondent,
Minn. Ct. App. 2022
“Deference must be given to the opportunity of the [fact-finder] to assess the credibility of the witnesses.”
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In re the Marriage of: Clark Donald Kaml, petitioner, Appellant,
Minn. Ct. App. 2022
Regardless, our standard of review is limited to determining whether the district court’s findings were “clearly erroneous,” McCulloch, d at 566 (quotation omitted), and we defer to the district court’s findings of credibility
- Keith D. Bexell, et al., Respondents, Minn. Ct. App. 2022
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In re the Marriage of: Christine Stelben Connolly, petitioner, Respondent,
Minn. Ct. App. 2022
Ap pellate courts are error-correcting courts, and, while the district court’s failure to adopt a paragraph related to the parties’ mutual requirement is a mistake, husband fails to demonstrate in his brief how this mistake prejudices him, see Minn. R. Civ.
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Megan Guetzkow, et al., Respondents,
Minn. Ct. App. 2022
See Sefkow v. Sefkow , (“The function of the court of appeals is limited to ide ntifying errors and then correcting them.”); (“[T]he task of extending existing law falls to the supreme court or the legislature, but it does not fall to this court.”), rev. denied
- In re the Custody of: C. W. P.; William James Peck, petitioner, Respondent, Minn. Ct. App. 2022
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In re the Marriage of:
Minn. Ct. App. 2022
We defer to the district court’s credibility determinations, Sefkow v. Sefkow , and thus review husband’s arguments regarding each prope rty to determine whether the court’s corroboration assessments are supported by the record.
- In re the Marriage of: Minn. Ct. App. 2022
- Elizabeth Annette Robyn Wolter, OBO A. R. W., Respondent, Minn. Ct. App. 2022
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In the Matter of the Welfare of the Children of: T. L. S. and J. J. C., Parents.
Minn. Ct. App. 2022
5 (Minn. App. 2009) (noting that district court’s findings “implicitly indicate[d]” that it found certain evidence credible); Knapp v. Knapp , (stating that “[appellate courts] defer to the district court’s credibili
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In re the Marriage of: Jessica Elizabeth Solinsky, n/k/a Jessica Elizabeth Grimm, petitioner, Respondent,
Minn. Ct. App. 2022
(credibility determinations); (implicit credibility determinations).
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Nicholas David Wivinus, Appellant,
Minn. Ct. App. 2021
Sefkow v. Sefkow , 9 (Minn. 1988).
- In the Matter of: Heather Lorraine Drinkwater, and obo minor child, Respondent, Michael Guy Drinkwater, Appellant. Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
d 370, 374-75 (Minn. 1990) (recognizing that role of appellate courts is to correct errors, not to find facts); (“The function of the court of appeals is limited to identifying errors and then correcting them.”).
- Gloria Fritz, Respondent, Minn. Ct. App. 2021
- In the Matter of: Katrina Lynn Deantoni, Respondent, Minn. Ct. App. 2021
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In the Matter of: Raymond Semler.
Minn. Ct. App. 2021
(holding that appellate courts do not reweigh evidence on appeal); Skarhus v. Davanni’s Inc., (holding that we defer to the ULJ’s credibilit y determinations on appellate review).
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In re the Marriage of:
Minn. Ct. App. 2021
Because we defer to the district court on matters of witness credibility and the weight given to evidence, d 203, 210 (Minn. 1988), this argument fails.
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In re the Marriage of:
Minn. Ct. App. 2021
Because we do not reweigh the statutory factors, (sta ting the appellate courts do not reweigh the evidence), we conclude that the district court did not abuse its discretion by finding that change in this factor alone does not warrant reallocating daughter’s tax exemption.
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In re the Estate of: Mark Kevin Egan, Deceased.
Minn. Ct. App. 2021
(stating that appellate courts “neither reconcile conflicting evidence nor decide issues of witness credibility, wh ich are exclusively the provin ce of the factfinder”).
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Everest Stables, Inc., Appellant,
Minn. Ct. App. 2021
But the function of this court “is limited to identifying errors and then correcting them.”
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In re the Marriage of:
Minn. Ct. App. 2021
(“The function of the court of appeals is limited to identifyi ng errors and then correcting them.”).