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, June 27, 2022
A21-1338 Pamela Maslowski, Respondent, vs. Prospect Funding Partners LLC, et al., Appellants, vs. James Schwebel, Esq., et al., Respondents.
Hennepin County District Court, Hon. Laurie J. Miller.
1. A litigation financier has unconscionably interfered in the underlying legal claim that is the subject of the financier’s litigation-financing agreement with the contracting litigant if that agreement contains obligations that seek to control the litigant’s ability to select counsel or to settle the underlying legal claim.
2. A litigation-financing agreement is a transaction subject to the usury statute.
Affirmed. Judge Francis J. Connolly.
A21-1119 In the Matter of the Appeal by Amy Waters of the Maltreatment Determination and Disqualification, and by John and
Amy Waters Order of Revocation of their Child Foster Care License DHS Case Number 36496.
Minnesota Department of Human Services.
A maltreatment determination of the commissioner of human services is arbitrary or capricious when the decision adopts an administrative-law judge’s findings about circumstances surrounding an injury to a foster child but then rejects the administrative-law judge’s conclusions of law and recommendation based on those findings without explaining the basis for the decision.
Reversed. Judge Denise D. Reilly.
A21-1600 In the Matter of: Mara Jareth Butler, and on behalf of minors, Respondent, vs. Andrew John Jakes, Appellant.
Dakota County District Court, Hon. Vicki Taylor.
A party forfeits an argument on appeal in a civil case based on any technological problem they experienced during a virtual proceeding before a district court when that problem does not appear in the record and the party did not attempt to correct or supplement the record.
Affirmed. Judge Peter M. Reyes, Jr.
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, June 27, 2022
Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1 (c)
1.
A22-0081
Goldmount Veterinary Center, P.A., Respondent, vs. Watonwan County, Defendant,
Animal Humane Society, Appellant.
Affirmed. Judge Renee L. Worke.
Martin County District Court, Hon. Darci Bentz.
2.
A21-0990
State of Minnesota, Respondent, vs. Norbert Pius D'Cruz, Appellant.
Affirmed. Judge Renee L. Worke.
Washington County District Court, Hon. Juanita C. Freeman.
3.
A21-1688
In the Matter of the Welfare of: M. W. H., Child.
Affirmed. Judge Francis J. Connolly.
St. Louis County District Court, Hon. Michelle M Anderson.
4.
A21-1650
John Lo, Relator, vs. Pye-Barker Fire & Safety LLC, Respondent, Department of
Employment and Economic Development, Respondent.
Affirmed. Judge Francis J. Connolly.
Department of Employment and Economic Development.
5.
A21-0911
State of Minnesota, Respondent, vs. Teshome Sok Sameru, Appellant.
Affirmed. Judge Matthew E. Johnson.
Ramsey County District Court, Hon. Japaul J. Harris.
6.
A20-1129
State of Minnesota, Respondent, vs. John Edward Juneau, Appellant.
Affirmed. Judge Matthew E. Johnson.
Anoka County District Court, Hon. Todd R. Schoffelman.
7.
A21-1580
State of Minnesota, Appellant, vs. Franky Esquivel Torres, Respondent.
Affirmed. Judge Louise Dovre Bjorkman.
Kandiyohi County District Court, Hon. Melissa Listug.
8.
A21-1665
Michael Bartell, Respondent, vs. Tara Mutual Fire Insurance Company, Appellant,
Donnelly Agency, Inc., Respondent.
Affirmed in part, reversed in part, and remanded. Judge Denise D. Reilly.
Douglas County District Court, Hon. Michelle L. Clark.
9.
A21-1604
In the Matter of the Civil Commitment of: James Allen Martin.
Affirmed. Judge Denise D. Reilly.
Commitment Appeal Panel.
10.
A21-1147
State of Minnesota, Respondent, vs. Erik Harrison Gawtry, Appellant.
Affirmed. Judge Denise D. Reilly.
Dakota County District Court, Hon. Tanya O'Brien.
11.
A21-1231
In re the Estate of: Joann Roselia Gregory, aka JoAnn R. Gregory and aka JoAnn
Gregory, Deceased.
Affirmed. Judge Lucinda E. Jesson.
Scott County District Court, Hon. Mark Vandelist.
12.
A20-0573
Steven Lee Mittelstaedt, et al., Appellants, vs. William H. Henney, et al., Respondents.
Reversed and remanded. Judge Lucinda E. Jesson.
St. Louis County District Court, Hon. Gary J. Pagliaccetti.
13.
A21-1569
State of Minnesota, Respondent, vs. Akpene Yaa Asempa, Appellant.
Affirmed. Judge Diane B. Bratvold.
Ramsey County District Court, Hon. Joy D. Bartscher.
14.
A21-1541
State of Minnesota, Appellant, vs. Amanda Mae Coleman, Respondent.
Affirmed. Judge Randall J. Slieter.
Redwood County District Court, Hon. Patrick R Rohland.
15.
A22-0110
State of Minnesota, Appellant, vs. Matthew Warren Luepke, Respondent.
Reversed and remanded. Judge Jennifer Frisch.
Nicollet County District Court, Hon. Todd W. Westphal.
16.
A21-1288
State of Minnesota, Respondent, vs. Raphael Ulisses Gurneau, Appellant.
Affirmed. Judge Jennifer Frisch.
Cass County District Court, Hon. Jana M. Austad.
17.
A21-0798, A21-1064
In re the Marriage of: Catrina M. Rued, petitioner, Respondent, vs. Joseph D. Rued,
Appellant.
Affirmed. Judge Jennifer Frisch.
Hennepin County District Court, Hon. Michael Furnstahl and Hon. Nelson L.
Peralta.
18.
A21-1294
State of Minnesota, Respondent, vs. John Herbert Hodge, Jr., Appellant.
Affirmed. Judge Theodora K. Gaitas.
Grant County District Court, Hon. Amy J. Doll.
19.
A21-1274
Billie Edmonds, Relator, vs. Intermediate School District #917, Respondent, Department
of Employment and Economic Development, Respondent.
Affirmed. Judge Theodora K. Gaitas.
Department of Employment and Economic Development.
20.
A21-0094
State of Minnesota, Respondent, vs. James NMN William, Appellant.
Affirmed. Judge Theodora K. Gaitas.
Clay County District Court, Hon. Tammy L Merkins.
21.
A21-1074
State of Minnesota, Respondent, vs. Lance Jeffery Johnson, Appellant.
Affirmed. Judge Jill Flaskamp Halbrooks.
*
St. Louis County District Court, Hon. Robert C. Friday.
* 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
June 27, 2022
1.
A21-1651
Cory Lee Melde, petitioner, Appellant, vs. State of Minnesota, Respondent.
Affirmed. Judge Lucinda E. Jesson.
Stearns County District Court, Hon. Laura Moehrle.
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, June 27, 2022
Opinion Set in a Zipped Word Document 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.
Opinion Set in a Zipped Rich Text 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.