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| Bolander v. DeForrest, A07-242,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: The mother's allegations concerning the child's poor performance in school, the father's allegedly unsafe home, and his alleged interference with her parenting time were not changed circumstances that justified the modification of child custody. The mother failed to make a prima facie showing of child endangerment under Minn. Stat. § 518.18(d)(iv).
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| Clark v. Nations Trust Mortg., LLC, A06-1477,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Mortgagors were not prejudiced by mortgage broker and its manager's filing of an affidavit in support of their summary judgment motion only five days before the hearing, which was untimely under Minn. R. Civ. P. 56.03 and Minn. R. Gen. Pract. 115.03(a) because the affidavit presented no new facts or issues and the mortgagors had time to respond.
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| In re Civ. Commitment of Brown, A07-593,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Where the patient had a long history of criminal sexual conduct towards minors, an expert testified that he remained in remission only in a controlled environment. The district court did not err by ordering his commitment under Minn. Stat § 253B.02, subd. 18. The appellate court deferred to the district court's credibility determinations.
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| In re Civ. Commitment of Christenson, A07-680,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: District court properly ordered indeterminate civil commitment of a patient as a sexually dangerous person as reports and testimony of the State's witnesses established that the patient's conduct created a substantial likelihood of serious emotional harm to another and was, therefore, harmful sexual conduct under Minn. Stat. § 253B.02.
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| In re Civ. Commitment of Keomany, A07-521,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Evidence supported district court's findings that appellant engaged in overt act causing or attempting to cause serious physical harm to his mother so as to satisfy Minn. Stat. § 253B.02, subd. 17 as record showed that he assaulted his elderly mother with two-pound wooden dowel, producing head injury that required 15 stitches and hospitalization.
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| In re Estate of Cameron, A06-2157,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: An attorney was not entitled to recover attorney fees from his father's estate when there was no evidence of an agreement between the attorney or that the father acquiesced to such services, and his father and a stipulation between the father and two other sons stated that the attorney's claims had been paid in full.
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| In re Welfare of Child of M. C., A07-98,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: Mother's parental rights were properly terminated under Minn. Stat. § 260C.301, subd. 1(b)(2), (5), (7), (8) when she left a residential facility before completing a court-ordered plan, and her child would not be returned to her in the reasonably foreseeable future due to her lack of parenting skills and refusal to comply with recommended services.
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| In re Welfare of the Children of A. G., A07-494,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: A father's parental rights were properly terminated on the basis that the children were neglected and in foster care under Minn. Stat. § 260C.301 because the court addressed the father's hostility toward medical and service staff, his denial that the twins had special needs, and his continued drug- and alcohol-related lifestyle.
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| In re Welfare of the Children of S.M., A07-624, A07-660,
COURT OF APPEALS OF MINNESOTA, August 21, 2007, Filed
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Overview: The district court did not err by terminating the parents' rights to their children based on unfitness under Minn. Stat. § 260C.301, subd. 1(b)(4). The mother was unfit to parent based on unstable employment, chemical abuse, and mental health issues; the father had a propensity for violence, lack of employment, and unstable living conditions.
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