Appellate Courts will begin transmitting all notices, orders, and opinions electronically.
Beginning no later than July 1, 2011, the appellate courts will send notices, orders, opinions, and correspondence related to pending cases to attorneys in those cases by e-mail rather than postal mail. All attorneys with pending appellate cases who have not already registered an e-mail address should do so immediately. Unrepresented parties with pending appellate cases may also participate in this e-notification system by registering an e-mail address. Please visit the Clerk of Appellate Courts page for instructions on how to register your e-mail address.
Opinion Policies
Minnesota Court of Appeals opinions are issued weekly and are available to the public at 10 a.m. CST/CDT every Monday.
On Wednesday of every week, the Court of Appeals will mail a notice that informs counsel, pro se parties, and court personnel associated with a case that an opinion will be released the following Monday. Opinions are available online or by visiting the Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, after the Monday release time. Copies of the opinions are mailed to involved parties on Mondays.
In certain time-sensitive cases, the Court of Appeals may issue opinions on a business day other than Monday. In these instances, involved parties will be contacted just prior to the special release.
Please visit the Minnesota State Law Library's Appellate Opinions Archive for previously released Court of Appeals Opinions.
Published Opinions
By statute, the Court of Appeals issues a published opinion only in the most important and complex cases. Published opinions include an extensive analysis of the facts and law. They will be considered and used by courts faced with similar issues in the future, and they are published in books found in most law libraries.
DECISIONS OF THE COURT OF APPEALS
FILED Monday, September 16, 2024
A24-0128 In the Matter of the Civil Commitment of: Anthony Blake Swope.
Scott County District Court, Hon. Colleen G. King.
Minnesota Statutes chapter 253B (2022) requires a county to pay the attorney fees for court-appointed civil-commitment representation in “proceedings under this chapter.” Because a petition for a writ of mandamus or habeas corpus is not a civil-commitment proceeding under the chapter, chapter 253B does not authorize a district court to order a county to pay attorney fees generated in a separate mandamus or habeas corpus proceeding.
Affirmed in part, reversed in part, and remanded. Judge Kevin G. Ross.
Concurring. Judge Edward J. Cleary.*
A23-1951 Juan Cuate, Respondent, vs. Pedro Cuate-Dominguez, et al., Appellants.
Dakota County District Court, Hon. Ann M. Offermann
For the purpose of determining the notice period to terminate a tenancy at will under Minnesota Statutes section 504B.135 (Supp. 2023), “rent” means regular, periodic consideration paid for the use or occupation of property.
Affirmed. Judge Keala C. Ede.
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.
Unpublished Opinions
Unpublished opinions are issued in cases that are less complicated, that involve legal issues that have already been decided in published opinions, or that will affect only the parties to that particular case. These opinions are usually shorter, do not contain extensive discussion of the facts, and are not generally relied on by other courts to the same degree as published opinions.
NONPRECEDENTIAL OPINIONS
FILED Monday, September 16, 2024
Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1 (c)
1.
A23-1836
State of Minnesota, Respondent, vs. Hunter Steven Hipp, Appellant.
Affirmed. Judge Kevin G. Ross.
Benton County District Court, Hon. Robert Raupp.
2.
A23-1750
Amber Otte McMillan, petitioner, Respondent, vs. Abram Lennox Eli McMillan, Appellant.
Affirmed. Judge Kevin G. Ross.
Carver County District Court, Hon. Eric J. Braaten.
3.
A24-0257
Kelly Michels, Respondent, vs. Terry Dean Johnson, Sr., et al., Appellants.
Affirmed. Judge Francis J. Connolly.
Kandiyohi County District Court, Hon. Melissa Listug.
4.
A24-0673
State of Minnesota, Appellant, vs. Breanna Rae Enno, Respondent.
Reversed and remanded. Judge Matthew E. Johnson.
Hennepin County District Court, Hon. John Lucas.
5.
A23-1692
State of Minnesota, Respondent, vs. Jesus Nava Carranza, Appellant.
Affirmed. Judge Michelle A. Larkin.
Hennepin County District Court, Hon. Hilary L. Caligiuri.
6.
A23-1730
Tal Sarusi individually and d/b/a Sealed Envelope LLC, et al., Appellants, vs. Todd Laughlin individually and d/b/a LB Spray Foam, LLC, et al.,
Respondents.
Affirmed. Judge Louise Dovre Bjorkman.
Hennepin County District Court, Hon. Lois R. Conroy.
7.
A23-1917
In the Matter of the Welfare of: R. A. C., Child.
Affirmed. Judge Tracy M. Smith.
St. Louis County District Court, Hon. Andrew R. Peterson.
8.
A23-1941
Oehlerts & Sons Construction, Respondent, vs. Thomas A. Baustian, Appellant.
Affirmed. Judge Diane B. Bratvold.
Dissenting, Judge Michelle A. Larkin.
Rock County District Court, Hon. Terry S. Vajgrt.
9.
A23-1937
James Thomas Miller, Appellant, vs. Tarja L Lewis on Behalf of the Estate of Mark Thomas Pavelich, Deceased, Respondent.
Reversed and remanded. Judge Diane B. Bratvold.
Cook County District Court, Hon. Michael J. Cuzzo.
10.
A23-1688
Donald Gerard Sauve, petitioner, Appellant, vs. Haley Marie Lindstrom, f/k/a Haley Marie Sauve, Respondent, County of Kanabec, Minnesota,
Intervenor.
Affirmed; motions denied. Judge Diane B. Bratvold.
Kanabec County District Court, Hon. Stoney L. Hiljus.
11.
A23-1510
State of Minnesota, Respondent, vs. David Wokeph Natee, Appellant.
Affirmed in part, reversed in part, and remanded. Judge Jeanne M. Cochran.
Hennepin County District Court, Hon. Julie Allyn.
12.
A23-1156
State of Minnesota, Respondent, vs. James Andrew Works, Appellant.
Affirmed in part, reversed in part, and remanded. Judge Randall J. Slieter.
Hennepin County District Court, Hon. William H. Koch.
13.
A24-0201
Pebble Creek LLC, Appellant, vs. Yatta Emma Sao, Respondent, John Doe, et al., Defendants.
Affirmed in part, and remanded. Judge Jennifer Frisch.
Hennepin County District Court, Hon. Bev Benson.
14.
A24-0486
In the Matter of the Civil Commitment of: Allyn Lee Schlumpberger.
Affirmed. Judge Sarah I. Wheelock.
Commitment Appeal Panel - Hon. Edward Lynch, Hon. Susan Miles, Hon. Teresa R. Warner.
15.
A23-1783
State of Minnesota, Respondent, vs. Daniel Lee Haley, Appellant.
Affirmed. Judge Sarah I. Wheelock.
Scott County District Court, Hon. Tanya O'Brien.
16.
A24-0444
In the Matter of the Welfare of the Children of: M. R. S. and N. M. M., Parents.
Affirmed. Judge Elise Larson.
Dakota County District Court, Hon. Christopher J. Lehmann.
17.
A24-0392
Paul Hansmeier, Appellant, vs. Tobies Enterprises, Inc., Respondent.
Affirmed. Judge Elise Larson.
Pine County District Court, Hon. Krista K. Martin.
18.
A23-1572
State of Minnesota, Respondent, vs. Ricardo Marlon Curtis, Appellant.
Affirmed. Judge Elise Larson.
Stearns County District Court, Hon. William J. Cashman.
19.
A24-0471
In the Matter of the Civil Commitment of: Joshua Lee Winsky.
Affirmed. Judge Keala C. Ede.
Olmsted County District Court, Hon. Lisa R. Hayne.
20.
A23-0898
State of Minnesota, Respondent, vs. Dennis Lee Heard, Appellant.
Affirmed. Judge Keala C. Ede.
Hennepin County District Court, Hon. Lisa K. Janzen.
21.
A22-1564
State of Minnesota, Respondent, vs. Kwadwo Adu Twum, Appellant.
Affirmed. Judge Edward J. Cleary.*
Washington County District Court, Hon. Ellen L. Maas.
22.
A24-0155
Justin Bolton, Appellant, vs. Soderburg Roofing & Contracting, LLC, Respondent.
Affirmed. Judge Jill Flaskamp Halbrooks.*
Hennepin County District Court, Hon. Kristin Siegesmund.
23.
A24-0458
State of Minnesota, Appellant, vs. Robert Allen Bennett, Respondent.
Affirmed. Judge Michael L. Kirk.*
Sherburne County District Court, Hon. Karen Schommer.
24.
A24-0202
Tracie Nicole Odle and OBO Minor Children, petitioner, Respondent, vs. Jonathan James Odle, Appellant.
Affirmed. Judge Michael L. Kirk.*
Mille Lacs County District Court, Hon. Mark Herzing.
25.
A23-1501
State of Minnesota, Respondent, vs. Lue Vang, Appellant.
Affirmed. Judge John P. Smith.*
Ramsey County District Court, Hon. Richard H. Kyle, Jr.
* Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.
Order Opinions
Cases that involve a few simple issues may be decided by order opinions, which include little discussion of the facts of the case and a brief analysis of the laws that are involved.
RECENT ORDER OPINIONS
September 16, 2024
1.
A23-1920
Amira Ragheb Attia, petitioner, Respondent, vs. Tarek Ahmed Moussa, Appellant.
Affirmed. Judge Jon Schmidt.
Anoka County District Court, Hon. Sean C. Gibbs.
Special Release Opinions
NO SPECIAL RELEASE OPINIONS FILED
Opinion Sets
Opinion sets contain all published, unpublished, and order opinions. The sets are compressed into files that must be unpacked before opening them.
Opinion Sets For Opinions
Filed Monday, September 16, 2024
Opinion Set in a Zipped PDF Format
- Click the above link.
- Save the unzipped file to your computer.
- Choose the "Open" option on the Download Complete screen.
- Extract the files to a location of your choice.
- Open the extracted file.