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| Am. Fed. Bank v. F & W Props., A06-1981,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: In a bank's declaratory judgment action seeking an extension of a sublease agreement, the trial court properly ruled in the sublessor's favor because a sublease provision in the agreement did not provide an option to extend the lease, and the sublessor's refusal to extend the sublease for economic reasons was reasonable.
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| Crow Wing County Soc. Servs. v. Buranen, A06-2105,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: Child support magistrate's (CSM) determination of a father's child support obligation under former Minn. Stat. § 518.551, subd. 5(b) (renumbered at Minn. Stat. § 518A.28) was reversed and remanded as the CSM's order made no attempt to analyze the income and expenses of the father's self-employed business.
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| Flores v. State, A06-1797,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: Where petitioner entered guilty pleas to four counts of criminal sexual conduct, Minn. R. Crim. P. 24.01 permitted the trial to take place in the Ramsey County District Court, Minnesota, because the crimes were committed in Ramsey County. Petitioner waived any personal jurisdiction argument by appearing in court and pleading guilty.
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| In re Civ. Commitment of Beaulieu, A07-496,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: District court erred in determining that the commitment orders of an enrolled member of the Red Lake Band of Chippewa Indians as a sexually dangerous person under Minn. Stat. § 253B.02, subd. 18c were void ab initio because the State had both personal and subject-matter jurisdiction over the commitment.
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| In re Civ. Commitment of: Whiteford, A07-551,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: Commitment of a patient as mentally ill and dangerous under Minn. Stat. § 253B.18 was proper as his driving through a red light while intoxicated constituted an overt act, his conduct was capable of causing serious physical harm, and his paranoid schizophrenia made it likely that he would continue engaging in potentially deadly driving if released.
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| In re Estate of Lyseng, A06-1587,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: In a family's challenge to the district court's decision allowing the County and the Minnesota Department of Human Services to recover a portion of the decedent's healthcare costs, the district court did not err by combining the claims because that is what Minn. Stat. § 246.53 required, and it did not allow double recovery for the County.
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| In re Welfare of D.J.M., A06-1386,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: In a criminal sexual conduct case, because juvenile's counsel had a conflict of interest due to counsel's board membership with the mental health center that had an actual effect on his representation of the juvenile on a probation violation, the juvenile was denied effective assistance of counsel under U.S. Const. amend. VI.
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| Le v. City of Maplewood, A06-1684,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: Where a city employee challenged the decision to terminate her employment, two policy manuals contained disclaimers which prevented the formation of a contract; therefore, she was an at-will employee. Her right to due process under Minn. Const. art. I, § 7 was not violated by the city's decision to terminate her employment.
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| Peoples v. Buffets, Inc., A06-1584,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: Trial court properly granted the restaurant summary judgment on the customer's negligence claim where a restaurant employee testified that five minutes before the customer fell he did not see any food on the floor and when he was summoned to assist the customer after she fell, he saw food on the carpet.
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| Peters v. Silver Creek Traders, Inc., A06-1894,
COURT OF APPEALS OF MINNESOTA, August 14, 2007, Filed
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Overview: District court did not err by denying store's motion for summary judgment because parties did not agree on the factual issue of whether the landing area and stairway were open and obvious. The customer was consistent in her testimony that she could not see a difference in level of the floor and that it was not apparent that there was a drop-off.
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