UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HOOTEN, Judge. Appellant-father challenges the district court's order denying his motion to reduce his child-support obligation and granting respondent-county's motion to increase his obligation. He argues that the district court understated the gross income of respondent-mother by omitting foreign public assistance based on need or, in the alternative, by...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). BJORKMAN, Judge. In this child-custody and support dispute, appellant argues that the district court (1) abused its discretion by modifying child support effective to a date before respondent requested modification; (2) abused its discretion by denying her custody-modification motion; and (3) should have made specific findings on the issue of the children's...
OPINION PETERSON, Judge. A jury awarded appellant damages in an action brought under FELA in Minnesota state court, and the district court denied appellant's motion seeking interest on the jury award under Minn.Stat. 549.09 (2012) from the date of the verdict to the date judgment was entered. Because federal substantive law governs FELA actions brought in state court, and, under federal law, prejudgment interest is not recoverable in a FELA case, we affirm. FACTS Appellant Dennis...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). CHUTICH, Judge. Appellant Gregory Hill asserts that the district court abused its discretion when it revoked his probation by making improper findings on the third Austin factor. Because the district court properly exercised its broad discretion in executing Hill's prison sentence, we affirm. FACTS Appellant Gregory Hill pleaded guilty to two counts of...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STONEBURNER, Judge. Appellant challenges his convictions of three counts of felony domestic assault in violation of Minn. Stat. 609.2242, subd. 4 (2010), alleging that procedural and substantive errors require reversal and remand for a new trial. Appellant also challenges his sentence on procedural grounds and argues that, if he is not granted a new trial,...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). SMITH, Judge. We affirm the district court's decision to sustain the revocation of appellant's driver's license under the implied-consent law because there was probable cause to believe that she was driving while impaired. FACTS A caller reported a bumper in the middle of County Road 44 in Linden Township on the night of September 13, 2012. In response, at...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). LARKIN, Judge. Relator challenges respondent-agency's order to forfeit a fine for failure to timely report an allegation of sexual abuse. Relator argues that the order is based on several errors of law, unsupported by substantial evidence, made upon unlawful procedure, and arbitrary and capricious. We affirm. FACTS Relator Parents in Community Action Inc. (...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HALBROOKS, Judge. In this appeal following remand in a trade-secrets dispute, appellants Dimation, Inc. and Edward Knutson assert that the district court did not comply with our instruction to clarify the terms of an injunction to satisfy the requirements of Minn. R. Civ. P. 65.04. Appellants argue that the modifications to the injunction on remand do not...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). KIRK, Judge. Appellant Foxborough Place Condominium Association, Inc. argues that the district court erred in (1) failing to find it was a bona fide purchaser entitled to protection under the Minnesota Recording Act; (2) holding respondent TCF National Bank's mortgage to be the first mortgage on the property; (3) extinguishing a third-party lender's mortgage;...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). ROSS, Judge. Alexander Richards, intoxicated, repeatedly stabbed a man with a fork. The district court sentenced him to a stayed prison term, subject to probationary conditions, including requirements to complete treatment for substance abuse and to avoid new assaults. Richards committed three additional assaults while he was intoxicated during his...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HOOTEN, Judge. In this appeal after remand, appellants contest the district court's decision to vacate a default judgment against defendant that allegedly transferred assets to respondent. Because the district court did not abuse its discretion in vacating the default judgment, we affirm and remand for trial. FACTS Many of the facts and the procedural...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HOOTEN, Judge. Appellants challenge the dismissal of their actions against respondent bank to quiet title and for a declaratory judgment to determine whether respondent bank had the right to foreclose on appellants' properties. Appellants also challenge the dismissal of their slander-of-title action against respondent bank and respondent law firm that...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). SMITH, Judge. We affirm appellant's convictions of first-degree burglary and misdemeanor domestic assault because the district court did not (1) misstate the law or abuse its discretion by denying appellant the appointment of substitute counsel or (2) abuse its discretion by admitting evidence of his being under the influence of a controlled substance at the...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). KIRK, Judge. Husband challenges the district court's division of property in a marital dissolution, arguing that the district court failed to adequately explain why a hypothetical buyer's personal tax liability was not considered in valuing his business, erred in valuing his business without considering a hypothetical buyer's personal tax liability, and...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). KIRK, Judge. On appeal from his convictions of two counts of first-degree criminal sexual conduct, appellant argues that (1) the district court committed plain error by admitting evidence of the victim's character for truthfulness and credibility; (2) the evidence is insufficient to sustain his convictions; and (3) the district court abused its discretion by...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HUDSON, Judge. Appellant-mortgagor argues that the district court (a) should have awarded him the surplus created by respondent bank's overbids at the sale foreclosing his properties, rather than allowing the bank to reform its bids; (b) improperly dismissed his counterclaims; and (c) erred by allowing the bank to recover certain amounts included in its...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STAUBER, Judge. On appeal from his conviction of prohibited person in possession of a firearm, appellant argues that (1) the circumstantial evidence was insufficient to support the jury's finding that he constructively possessed the firearm and (2) the district court abused its discretion by allowing the state's witnesses to testify that they were members of...
OPINION SMITH, Judge. We affirm appellant's count-one, first-degree-burglary and count-three, domestic-abuse convictions because (1) the district court did not abuse its discretion in admitting relationship evidence, (2) the district court did not err in its other rulings, and (3) sufficient evidence supports the convictions. We reverse appellant's count-two, first-degree-burglary conviction because one entry of an apartment without consent, followed by multiple assaults committed while in...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). STONEBURNER, Judge. Appellant challenges his conviction of first-degree arson, arguing that the district court erred by denying his motion to suppress statements he made to law enforcement. In a pro se supplemental brief, appellant also asserts that the district court abused its discretion by excluding evidence of his co-defendant's acquittal and that he...
UNPUBLISHED OPINION This opinion will be unpublished and may not be cited except as provided by Minn. Stat. 480A.08, subd. 3 (2012). HALBROOKS, Judge. Appellants challenge the district court's order sustaining respondent's demurrer to a petition for a writ of mandamus, arguing that their driveway-access permit application was deemed approved under Minn. Stat. 15.99, subd. 2(a) (2012), because their application was "a written request relating to zoning" and respondent failed to respond...
