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, January 24, 2022



A21-0794        State of Minnesota, Minnesota Judicial Branch, Respondent, vs. Teamsters Local 320, Appellant.
                         Ramsey County District Court, Hon. William H. Leary, III
            1.   The 2019-2021 collective bargaining agreement for official court reporters provides that a judge’s decision to terminate an appointed court reporter’s employment is not subject to arbitration.
            2.   A court reporter serving the Minnesota Judicial Branch by appointment of a judge is an at-will employee.
            Affirmed.  Judge Theodora K. Gaitas

 

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, January 24, 2022

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



1.         A21-0516
            Jesus Daniel Ibarra, petitioner, Appellant, vs. State of Minnesota, Respondent.
            Affirmed.  Chief Judge Susan L. Segal.
            Watonwan County District Court, Hon. Stephen Ferrazzano, II.

2.         A21-0664
            RSS Fridley, LLC, a Minnesota limited liability company, et al., Appellants, vs.
            Northwestern Orthopaedic Surgeons Partnership, LLP, a Minnesota limited liability
            partnership, et al., Respondents, Gaughan Enterprises, Inc. d/b/a Gaughan Companies,
            a Minnesota corporation, et al., Respondents, Doe(s) 1-20 and ABC Corporation(s) 1-20,
            Respondents.
            Affirmed in part, reversed in part and remanded.  Judge Renee L. Worke.
           Concurring in part, dissenting in part, Judge Francis J. Connolly.
            Anoka County District Court, Hon. Melissa Saterbak.

3.         A21-1033
            Marion O'Neill, et al., Appellants, vs. Jim Schowalter, et al., Respondents.
            Affirmed.  Judge Francis J. Connolly.
            Ramsey County District Court, Hon. Lezlie Ott Marek.

4.         A21-0407
            Shane Paul Schultz, petitioner, Respondent, vs. State of Minnesota, Appellant.
            Reversed.  Judge Matthew E. Johnson.
            Redwood County District Court, Hon. Patrick R Rohland.

5.         A19-0112, A19-0118, A19-0124, A20-1271, A20-1380
            In re Denial of Contested Case Hearing Requests & Issuance of NPDES/SDS Permit No.
            MN0071013.
            Affirmed in part, reversed in part and remanded.  Judge Matthew E. Johnson.
            Ramsey County District Court, Hon. John H. Guthmann.
            Minnesota Pollution Control Agency.
 
6.         A21-0487
            Kay L. Briden, Respondent, vs. Transit Team, Inc., et al., Appellants.
            Affirmed in part, reversed in part and remanded.  Judge Michelle A. Larkin.
            Hennepin County District Court, Hon. Thomas Fraser.

7.         A21-0231
            State of Minnesota, Respondent, vs. Mandy Marie Brown, Appellant.
            Affirmed.  Judge Denise D. Reilly.
            Hennepin County District Court, Hon. Bev Benson.

8.         A21-0777
            Derrick Devon Turner, petitioner, Appellant, vs. State of Minnesota, Respondent.
            Affirmed.  Judge Lucinda E. Jesson.
            Stearns County District Court, Hon. Shan C. Wang.

9.         A21-0949, A21-0950
            In the Matter of the Welfare of the Child of:  A. D. B. f/k/a A. D. H. (Mother) and
            D. M. D. (Father) (A21-0949),
            In the Matter of the Welfare of the Children of:  A. D. B. f/k/a A. D. H. (Mother) and
            D. P. B. (Father) (A21-0950).
            Affirmed.  Judge Randall J. Slieter.
            Stearns County District Court, Hon. Andrew R. Pearson.
 
10.       A21-0563
            Lance Gerald Milliman, petitioner, Appellant, vs. Commissioner of Public Safety,
            Respondent.
            Affirmed.  Judge Randall J. Slieter.
            Meeker County District Court, Hon. Stephen J. Wentzell.

11.       A21-0506
            Gina Ann LaBlanc, and on behalf of Minor Children, Respondent, vs. Phillip Homere,
            Appellant.
            Affirmed.  Judge Jill Flaskamp Halbrooks.
            Koochiching County District Court, Hon. Jerrod A Shermoen.


 

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
January 24, 2022



NO ORDER OPINIONS FILED

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, January 24, 2022

Opinion Set in a Zipped Word Document 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.

Opinion Set in a Zipped Rich Text 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.