UNPUBLISHED OPINION SCHELLHAS, Judge. Appellant, who is indeterminately committed as a sexually dangerous person, challenges the district court's order denying his rule 60.02 motion to vacate his judgment of commitment and set his case for trial or order his "immediate placement in a viable, accredited program which offers meaningful sex offender treatment that is suitable for the alleged diagnosis as found by [the district] Court." (Footnote omitted.) We affirm. FACTS In May 2010, while...
UNPUBLISHED OPINION CRIPPEN, Judge. Appellant challenges his indeterminate commitment as a sexually dangerous person and sexual psychopathic personality, largely asserting errors in the district court's findings of fact. Because the record contains adequate evidence to support the district court's findings of fact and there is no merit to appellant's additional arguments, we affirm. FACTS In 2006, appellant James Rigenhagen pleaded guilty to four counts of second-degree criminal sexual...
UNPUBLISHED OPINION LARKIN, Judge. Appellant challenges the district court's dismissal of his lawsuit, which alleged that respondent's licensing ordinance requiring certification for tree servicers is unconstitutional. Because the district court converted respondent's motion to dismiss under Minn. R. Civ. P. 12.02 to one for summary judgment without allowing appellant a reasonable opportunity to present all materials made pertinent to such a motion, we reverse and remand. FACTS Appellant...
UNPUBLISHED OPINION JOHNSON, Chief Judge. One of three members of the Fish Lake Township Board sued the other two board members, the town clerk, and the township under the Open Meeting Law. The district court entered summary judgment for the defendants. We conclude that the district court properly applied a two-year statute of limitations to the Open Meeting Law claim. We also conclude that the district court did not err by ruling on the summary judgment motion without giving appellant more...
UNPUBLISHED OPINION BJORKMAN, Judge. Appellant challenges the denial of his motion to modify parenting time and child support, arguing the district court erred by (1) not adopting the parenting consultant's parenting-time modification and (2) including financial support he receives from his parents in his gross income. In a related appeal, respondent challenges the denial of her child-support-modification motion, contending the district court erred in calculating appellant's gross income. We...
UNPUBLISHED OPINION CHUTICH, Judge. In this foreclosure-related dispute, appellants Daryll and Sharon Dykes, and respondent and cross-appellant Lecy Construction, Inc. (Lecy), asserted a number of claims against respondents Alliance Bank, Old Republic National Title Insurance Company, and Emigrant Mortgage Company. The district court granted summary judgment to respondents on all of appellants' and cross-appellant's claims. On appeal from summary judgment, the Dykeses argue that the district...
UNPUBLISHED OPINION PETERSON, Judge. Appellant argues that the district court abused its discretion by revoking his probation without offering him limited use immunity so that he could testify about his pending criminal charge at his probation-revocation hearing. We affirm. FACTS On May 2, 2011, appellant Andre Watts pleaded guilty to fourth-degree criminal sexual conduct. The district court imposed a 59-month sentence, stayed execution for ten years, and placed appellant on probation....
UNPUBLISHED OPINION CRIPPEN, Judge. Appellant Abbott Johnson challenges his conviction for financial-transaction-card fraud, in violation of Minn. Stat. 609.821, subds. 2(1), 3(a)(1)(iii) (2010). Because his asserted errors were not raised in trial proceedings and did not affect appellant's substantial rights, we affirm. FACTS On August 25, 2010, a customer used another individual's debit card to make two separate purchases at a gas station. The owner of the debit card noticed the...
UNPUBLISHED OPINION ROSS, Judge. Appellant Ronald Reed was convicted of possession of a firearm by an ineligible person and second-degree assault after he shot out the back window of a car that belonged to a man he was arguing with. Reed appeals, arguing that the district court committed plain error when it failed to instruct the jury that it had to unanimously agree on which specific firearm Reed possessed and when it allowed the state to introduce evidence of a gun found in Reed's car in...
UNPUBLISHED OPINION ROSS, Judge. Abdinasir Mohamed sexually assaulted his eleven-year-old niece while she visited his home. On appeal from his convictions of second-degree criminal sexual conduct and attempted first-degree criminal sexual conduct, Mohamed argues that the prosecutor improperly elicited testimony about his prior physical assaults, improperly mocked the defense counsel's closing argument, wrongfully shifted the burden of proof by vouching for the victim's credibility, and...
UNPUBLISHED OPINION JOHNSON, Chief Judge. Alan Edward Bottke and Carol June Bottke were married for approximately 20 years. Their dissolution decree requires Mr. Bottke to pay temporary spousal maintenance in diminishing amounts until August 2016, at which time the maintenance obligation ceases. Ms. Bottke challenges the maintenance award on the ground that the district court should have awarded permanent, not temporary, maintenance. We affirm. FACTS The Bottkes were married in March 1990....
UNPUBLISHED OPINION HOOTEN, Judge. On appeal from his conviction of criminal sexual conduct in the fourth degree, appellant argues that the district court erred by admitting Spreigl evidence of a prior sexual assault and by denying his motions for a mistrial after prosecution witnesses referenced other prior bad acts and appellant's history of incarceration. Because the district court did not abuse its discretion in admitting the Spreigl evidence and any erroneous admission of testimony...
UNPUBLISHED OPINION STAUBER, Judge. On appeal from his convictions of and sentences for second- and fourth-degree criminal sexual conduct, appellant argues that the district court abused its discretion by failing to grant his motion for a downward dispositional departure where the psycho-sexual evaluation indicated that appellant exhibited a low risk to reoffend and was a good candidate for community-based outpatient treatment. We affirm. FACTS Appellant Michael Carl Koch was charged with...
UNPUBLISHED OPINION STONEBURNER, Judge. Appellant county challenges the district court's order dismissing its earlier order for respondent's judicial recommitment as mentally ill based on the district court's determination that it had no authority to issue a recommitment order after respondent's commitment expired. We affirm. FACTS In 2009, respondent Karl Leonard Meyer was found incompetent to stand trial on charges of first-degree burglary and violating a restraining order. By order dated...
OPINION KLAPHAKE, Judge. * Appellants challenge the summary judgment dismissing their claims against respondent, arguing that the district court erred by concluding that (1) appellants were not intended third-party beneficiaries of a surety bond issued by respondent; and (2) the surety bond's one-year limitations period was not tolled as to the surety by the bond principal's fraudulent concealment of a cause of action. We reverse and remand for further proceedings. FACTS Appellants 1 (...
UNPUBLISHED OPINION STAUBER, Judge. On appeal from a judgment following a bench trial in a breach-of-contract action, appellant argues that the district court erred by (1) denying its motion for summary judgment on the issue of liquidated damages; (2) dismissing with prejudice appellant's claim for liquidated damages; (3) denying appellant's motion for a new trial; and (4) denying appellant's motion for attorney fees. We affirm. FACTS Appellant Schmit Towing, Inc. (Schmit) is a Minnesota...
UNPUBLISHED OPINION PETERSON, Judge. In this appeal from a district court judgment vacating a no-fault arbitration award, appellant argues that the district court erred by concluding that the arbitrator refused to consider material evidence and exceeded his powers by finding that respondent insurer's request for an examination under oath was not reasonable. Appellant also moved for sanctions against respondent for improperly summarizing arbitration testimony to this court and to the district...
UNPUBLISHED OPINION KLAPHAKE, Judge. In this attorney-fee dispute, appellant Mark Saliterman challenges the district court's order granting summary judgment in favor of respondent-law firm Fredrikson & Byron, P.A. (Fredrikson). Saliterman argues that the district court erred by granting summary judgment because (1) Saliterman is not personally and primarily liable for his corporation's attorney fees based on an engagement letter that he signed and (2) Saliterman is entitled to a trial to...
OPINION STONEBURNER, Judge. Appellants and respondent are children of decedent (father). During his life, father funded five certificates of deposit (CDs) held jointly by father and respondent. As father aged and needed assistance, respondent became his primary caregiver. Approximately four months before father's death, respondent, at father's request, withdrew all funds from one of the CDs to repair the home in which father lived. Approximately three months before father's death, respondent,...
UNPUBLISHED OPINION CONNOLLY, Judge. Relator challenges the decision of the unemployment-law judge (ULJ) that relator was discharged for misconduct and is ineligible for unemployment benefits; relator also moves to strike portions of the brief of respondent Department of Employment and Economic Development (DEED). Because we agree that relator's act in applying for unemployment benefits for a week during which he had worked was misconduct, we affirm; because the portions of DEED's brief that...
