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   State Courts - Minnesota - June 26, 2007

  
Adam v. Tennyson Enters., A06-1174, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Where relator was discharged from her position as manager of a restaurant for failing to maintain the cleanliness of the restaurant, she was disqualified from receiving unemployment benefits because she was discharged for misconduct under Minn. Stat. § 268.095, subd. 6(a).

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Ehlen v. Ehlen, A06-798, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Where marital assets were divided equally, the property division under Minn. Stat. § 518.58, subd. 1 was upheld because, inter alia, the record supported the findings about the date of separation and the wife's continued contribution to the acquisition of assets, and the district court specifically addressed taxes in its detailed findings.

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Ellis v. City of Minneapolis, A06-1063, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Court of appeals granted building owner's motion to strike city's document titled "Findings of Fact, Conclusions and Recommendations" from record and held absent that document, record did not permit meaningful review of whether demolition decision complied with procedures required by, inter alia, Minneapolis, Minn., Code Ordinances § 249.50(b).

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Glass Serv. Co. v. Ill. Farmers Ins. Co., A06-1074, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Pursuant to Minn. Stat. § 65B.525, subd. 1 of the No Fault Act, arbitrators had not exceeded their authority in issuing awards in consolidated cases as although aggregate amount of awards exceeded $ 10,000 jurisdictional limit, each of the 5,700 individual claims made against an automobile insurer by an auto glass repair company was under $ 10,000.

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Haefele v. Franson, A06-1090, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Trial court's summary judgment and dismissal of a client's claims against her attorney (and landlord) was proper as the client's affidavit failed to provide the requisite specificity to inform the attorney of the alleged breach, and the parties' oral one-year lease was unenforceable under Minn. Stat. § 513.05.

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Harju v. State, A06-1151, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Because both of the petitioner's convictions under Minn. Stat. § 609.344 (1998) occurred within 15 years of his out-of-state conviction for a sex offense, the 36-month sentence required under Minn. Stat. § 609.109, subd. 2 (1998), applied to each offense. Thus, denial of his motion for post conviction relief was proper.

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Hayes v. Hayes, A06-958, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: In child-custody dispute, district court did not abuse discretion in awarding mother sole physical custody because district court made detailed written findings, and district court found that mother and father would be unlikely to agree on parenting issues if joint custody were awarded.

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Huntsman v. Huntsman, A06-1064, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: In a dissolution case, an income-withholding support order under Minn. Stat. § 518.68 was not defective as the statutorily required withholding notice was attached to the dissolution judgment, and stated that when Minn. Stat. § 518.6111 was satisfied, child support could be withheld from income, with or without notice.

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In re Guardianship of Wells, A06-1500, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Trial court properly denied a daughter's petition to be appointed guardian for her mother under Minn. Stat. § 524.5-309 and appointed an unrelated third party because appointing the daughter would have exacerbated the intra-family dispute with her sister (who also sought to be guardian), which was not in the best interests of the mother.

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Johnson v. Peterson, A06-1403, COURT OF APPEALS OF MINNESOTA, June 26, 2007, Filed
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Overview: Insured's claims for negligent hiring and supervision against the insurer and a supervisor were properly dismissed under Minn. R. Civ. P. 12.02(e) because the complaint only alleged emotional distress that might have caused heart problems and anxiety due to an agent's alleged embezzlement and theft, and emotional distress was not a physical injury.

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