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Court of Appeals Opinions



IMPORTANT NOTICE

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 24, 2024


A23-1460   Galaxy Wireless, LLC, Respondent, vs. Western National Mutual Insurance Company, Appellant.
                    Hennepin County District Court, Hon. Laurie J. Miller.
      Unless otherwise provided for in a fire-insurance policy, total-loss coverage under Minnesota Statutes section 65A.08 (2022) applies only to total loss of a building, not loss of an insured-lessee’s tenant improvements to leased premises in a building.
      Affirmed. Chief Judge Susan L. Segal.

A23-1368  State of Minnesota, Respondent, vs. Nicholas David Butze, Appellant.
                   Becker County District Court, Hon. Gretchen Thilmony.
      In a prosecution for driving after suspension of driving privileges, the admission of a Minnesota Department of Public Safety “certificate of order sent” that is created after the prosecution has begun for the purpose of proving the element that the defendant was served notice of the suspension by mail violates a criminal defendant’s Sixth Amendment right to confrontation to the extent that the certificate of order sent contains information about mailing that is not in the underlying notice of suspension or other nontestimonial agency record.
      Reversed and remanded. Judge Tracy M. Smith.

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 24, 2024

Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1 (c)


1.   A23-0985
      State of Minnesota, Respondent, vs. Lakeric Cortez McCaskill, Appellant.
      Affirmed. Chief Judge Susan L. Segal.
      Hennepin County District Court, Hon. Luis Bartolomei.

2.   A23-1952
      ROA Rochester, Appellant, vs. City of Byron, Respondent.
      Reversed and remanded. Judge Francis J. Connolly.
      Olmsted County District Court, Hon. Christa M. Daily.

3.   A23-1538
      Peggy Adegeye, Respondent, vs. BB Home Healthcare, Relator, Department of Employment and Economic Development, Respondent.
      Reversed. Judge Matthew E. Johnson.
      Department of Employment and Economic Development.

4.   A23-1530
      Shawn Christopher Brown, Appellant, vs. State of Minnesota, Respondent.
      Affirmed. Judge Peter M. Reyes, Jr.
      Stearns County District Court, Hon. Sarah E. Hennesy.

5.   A23-1837, A23-1838
      In the Matter of: Danielle Ann Oldenburg, petitioner, Respondent, vs. Daniel Frederick Schanze, Appellant (A23-1837), In the Matter of: Daniel
      Frederick Schanze, petitioner, Appellant, vs. Danielle Ann Oldenburg, Respondent (A23-1838).
      Affirmed. Judge Tracy M. Smith.
      Dakota County District Court, Hon. Cynthia McCollum.

6.   A23-1582
      Peter K Butler, Appellant, vs. Shari Moore, et al., Respondents.
      Affirmed. Judge Tracy M. Smith.
      Ramsey County District Court, Hon. Laura Nelson.

7.   A23-1377
      Tammy Alberts, Respondent, vs. Joseph Alberts, Appellant.
      Affirmed. Judge Tracy M. Smith.
      Steele County District Court, Hon. Joseph A. Bueltel.

8.   A23-1322
      State of Minnesota, Respondent, vs. Brady James Robinson, Appellant.
      Affirmed. Judge Jennifer Frisch.
      Olmsted County District Court, Hon. Pamela King.

9.   A23-0971
      State of Minnesota, Respondent, vs. Anthony Lee Prellwitz, Appellant.
      Affirmed in part, reversed in part, and remanded. Judge Theodora K. Gaitas.
      Wilkin County District Court, Hon. Amy J. Doll.

10. A23-0533
      In re the Guardianship of: Doris Anita Seward.
      Affirmed. Judge Theodora K. Gaitas.
      Hennepin County District Court, Hon. Michael K. Browne.

11. A23-1635
      Roger Sand, Respondent, vs. Sand Pine Pheasants Family Recreation, LLC, et al., Appellants.
      Affirmed. Judge Keala C. Ede.
      Stearns County District Court, Hon. Heidi E. Schultz

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 24, 2024


1.   A23-1279
      Frances H Howard, petitioner, Appellant, vs. State of Minnesota, Commissioner of Public Safety, Respondent.
      Affirmed. Judge Michelle A. Larkin.
      Hennepin County District Court, Hon. Thomas J. Conley.

2 .  A23-1489
      Kayla Renee Johnson, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent.
      Affirmed. Judge Jonathan P. Schmidt.
      Hennepin County District Court, Hon. Lois R. Conroy.

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 24, 2024

Opinion Set in a Zipped PDF Format

  1. Click the above link.
  2. Save the unzipped file to your computer.
  3. Choose the "Open" option on the Download Complete screen.
  4. Extract the files to a location of your choice.
  5. Open the extracted file.