Cited by
Opinions in Minnesota that cite In Re Probate Court, Hennepin County, 198 N.W.2d 260.
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Peterson v. Peterson
242 N.W.2d 88
Minn. 1976
In re Estate of Balafas, 293 Minn. 94
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In Re Trust Known as Great Northern Iron Ore Properties
243 N.W.2d 302
Minn. 1976
This rule establishes a broader scope of review than that applied to the findings of a jury or an administrative tribunal, for as we said in In re Estate of Balafas, 293 Minn. 94, 96 , the trial court’s findings may be held clearly erroneous, notwithstanding evidence to support such findings, if the reviewing court is left with the definite and firm conviction that a mistake has been made.
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Larson Bros. Tiling v. Melton
235 N.W.2d 844
Minn. 1975
In re Estate of Balafas, 293 Minn. 94
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Hedberg & Sons Co. v. County of Hennepin
232 N.W.2d 743
Minn. 1975
In re Estate of Balafas, 293 Minn. 94 , ” 9 The governing definition of market value is found in Minn. St.
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Seidl v. Trollhaugen, Inc.
232 N.W.2d 236
Minn. 1975
In re Estate of Balafas, 293 Minn. 94 , Rule 52.01, Rules of Civil Procedure.
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J. McClure Kelly Plumbing Co. v. Minneapolis Housing & Redevelopment Authority
231 N.W.2d 289
Minn. 1975
In re Estate of Balafas, 293 Minn. 94, 96
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Jansen v. Herman
230 N.W.2d 460
Minn. 1975
In re Estate of Balafas, 293 Minn. 94 , Rule 52.01, Rules of Civil Procedure.
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Northern States Power Co. v. Lyon Food Products, Inc.
229 N.W.2d 521
Minn. 1975
In re Estate of Balafas, 293 Minn. 94
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Hertz v. Hertz
229 N.W.2d 42
Minn. 1975
Rule 52.01, Rules of Civil Procedure; In re Estate of Balafas, 293 Minn. 94
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Federal Distillers, Inc. v. State
229 N.W.2d 144
Minn. 1975
Rule 52.01, Rules of Civil Procedure; In re Estate of Balafas, 293 Minn. 94
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Spencer v. Spencer
229 N.W.2d 18
Minn. 1975
In re Estate of Balafas, 293 Minn. 94
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Bell v. Gannaway
227 N.W.2d 797
Minn. 1975
In re Estate of Balafas, 293 Minn. 94 , Rule 52.01, Rules of Civil Procedure.
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Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees, Lodge 364 v. State, Department of …
229 N.W.2d 3
Minn. 1975
In re Estate of Balafas, 293 Minn. 94
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BROTH. OF RY. CLERKS v. State by Balfour
229 N.W.2d 3
Minn. 1975
In re Estate of Balafas, 293 Minn. 94
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Angelos v. Balafas
225 N.W.2d 539
Minn. 1975
In re Estate of Balafas, 293 Minn. 94
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City of Eveleth v. Ruble
225 N.W.2d 521
Minn. 1974
But since we do not find it in the record, we deal with the question of whether the findings of negligently caused damages can be sustained without it, the standards for review being as stated in In re Estate of Balafas, 293 Minn. 94
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Lampert Yards, Inc. v. Thompson-Wetterling Construction & Realty, Inc.
223 N.W.2d 418
Minn. 1974
In re Estate of Balafas, 293 Minn. 94
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Winona National & Savings Bank v. Sheehan
222 N.W.2d 92
Minn. 1974
rly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.” It is true that “even though there is evidence to support a finding, the finding can be held to be clearly erroneous if ‘the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’ ” In re Estate of Balafas, 293 Minn. 94, 96
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LaCrescent Constant Care Center, Inc. v. State
222 N.W.2d 87
Minn. 1974
In Re Estate of Balafas, 293 Minn. 94
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In Re Estate of Lea
222 N.W.2d 92
Minn. 1974
It is true that "even though there is evidence to support a finding, the finding can be held to be clearly erroneous if `the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.'" In re Estate of Balafas, 293 Minn. 94, 96
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Sappa v. Strite-Anderson Manufacturing Company
221 N.W.2d 660
Minn. 1974
of our review is delineated by Rule 52.01, Buies of Civil Procedure, which in pertinent part provides: “* * * Findings of fact shall not be set aside unless clearly *122 erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.” The “clearly erroneous” rule was stated to be incapable of precise definition in In re Estate of Balafas, 293 Minn. 94
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Noehl v. Midwest Empire, Inc.
215 N.W.2d 487
Minn. 1974
In re Estate of Balafas, 293 Minn. 94
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Channing v. Benefit Trust Life Insurance
216 N.W.2d 866
Minn. 1974
In re Estate of Balafas, 293 Minn. 94
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Furuseth v. Olson
210 N.W.2d 47
Minn. 1973
In re Estate of Balafas, 293 Minn. 94
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HOUSING & REDEV. AUTH. OF CITY OF ST. PAUL v. Schapiro
210 N.W.2d 211
Minn. 1973
In re Estate of Balafas, 293 Minn. 94
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Karl Krahl Excavating Co. v. Goldman
208 N.W.2d 719
Minn. 1973
See, In re Estate of Balafas, 293 Minn. 94
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Duffy v. Park Terrace Supper Club, Inc.
206 N.W.2d 24
Minn. 1973
In re Estate of Balafas, 293 Minn. 94
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National Farmers Union Property & Casualty Co. v. Nyborg
204 N.W.2d 438
Minn. 1973
In re Estate of Balafas, 293 Minn. 94
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Real Estate Tax Assessments of Real Property of Silver Lake Apartments, Inc. v. County of Olmsted
204 N.W.2d 415
Minn. 1973
In re Estate of Balafas, 293 Minn. 94
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Cool v. Hubbard
199 N.W.2d 510
Minn. 1972
Rule 52.01, Rules of Civil Procedure, applicable where there are findings of fact by the trial court sitting without a jury, provides in part: “* * * Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.” In the recent case of In re Estate of Balafas, 293 Minn. 94 , this court indicated that a broad scope of review exists under Rule 52.01.