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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSIn the Matter of the Welfare of the Children of: R.A.T. and J.T.,Parents TOUSSAINT, Chief Judge In this child-placement appeal arising after a termination of parental rights, appellant M.T.G., the children's maternal grandmother, argues that the district court failed to give her a statutory preference to be the children's custodian and that the record lacks evidence to rebut that statutory preference. We affirm the district court's treatment of the statutory custody preference but reverse its rejection of grandmother as a potential custodian and remand for further proceedings. = = = = A06-695 Dee Marie Duckwall, petitioner, Respondent, vs. Adam Andrew Duckwall, Appellant. RANDALL, Judge Appellant-father challenges the district court's modification of parenting time without an evidentiary hearing. Appellant argues that the record, containing respondent-mother's hearsay-laden affidavit, does not establish the changed circumstances or evidence necessary to modify parenting time; and further, that the district court improperly limited appellant's ability to lift the restrictions on his parenting time. We reverse and remand for an evidentiary hearing. = = = = A06-2078 In the Matter of the Civil Commitment of: Kevin Arnell Banks, Jr. KALITOWSKI, Judge Appellant Kevin Arnell Banks, Jr. challenges the district court's decision that he is mentally ill and dangerous on the grounds that: (1) he is not substantially likely to engage in acts capable of inflicting serious physical harm on another; and (2) the district court failed to adequately consider less restrictive alternatives to the secured hospital. We affirm. = = = = A06-665 Melany Marie Gold, individually and on behalf of her children, petitioner, Respondent, vs. Justin Everett Larsen, Appellant. KLAPHAKE, Judge In this appeal from a district court order extending for another year an order for protection (OFP) that had been in effect from January 10, 2005, to January 10, 2006, appellant Justin Everett Larsen argues that (1) the district court failed to make adequate findings of fact to support extending the OFP; (2) the district court's extension of the OFP with regard to appellant's four children is unsupported by the findings or the record; and (3) the district court unnecessarily continued restrictions on his parenting time with the children. Because we conclude that the factual record and the district court's findings based on that record support its decision to extend the OFP and restrict appellant's parenting time, we affirm. = = = = A06-777 Bradley Operating Limited Partnership, Respondent, vs. RadioShack Corporation, f/k/a Tandy Corporation, Appellant. HALBROOKS, Judge Appellant challenges the district court's denial of its motion for summary judgment and the district court's granting of respondent's summary-judgment motion on the ground that the district court erred by concluding that the lease provisions require appellant to pay the fixed minimum rent during the first three years of the renewal option periods. Because we conclude that the district court did not err, we affirm. = = = = A06-2044 In the Matter of the Civil Commitment of: Anthony Bruce Eberhardt. STONEBURNER, Judge Appellant challenges his commitment as a sexually dangerous person (SDP) and sexual psychopathic personality (SPP), asserting that collateral estoppel should have barred the commitment proceeding, there is not clear and convincing evidence to support the finding that he meets the criteria of SDP and SPP, and his commitment violates his double-jeopardy and due-process rights. Because appellant's collateral-estoppel and constitutional challenges lack merit and there is clear and convincing evidence in the record to support his commitment, we affirm. = = = = A06-243 In re the Marriage of: Andrea Dore Trimble Hart, f/k/a Andrea Dore Trimble, Andrea Dore Clark, petitioner, Respondent, vs. Darrell Bradford Hart, Appellant. HUDSON, Judge In this marriage-dissolution proceeding, appellant challenges the district court's property distribution arguing that the district court abused its discretion because it (1) made no specific finding that appellant inappropriately transferred or encumbered marital assets under Minn. Stat. ? 518.58, subd. 1a (2004); (2) incorrectly valued the parties' 2004 income-tax refund; and (3) improperly double-counted certain assets. Because the district court did not abuse its discretion by distributing the marital estate as it did, but clearly erred in computing the value of the parties' 2004 income-tax refund, we affirm as modified. Further, we grant appellant's motion to strike portions of respondent's brief and appendix. = = == A06-1347 In re the Marriage of: Curtis D. Hansen, petitioner, Respondent, vs. Dayna L. Hansen, Appellant. DIETZEN, Judge Appellant-mother challenges the district court's dissolution judgment and decree, which, inter alia, awarded temporary sole legal custody and permanent sole physical custody of the parties' child to respondent-father, arguing that the district court abused its discretion by (1) allowing extensions of the original custody evaluation and not ordering a second custody evaluation, (2) neglecting this case and allowing bias to influence the outcome, and (3) awarding custody of the child to respondent-father. Because the district court properly applied the law and did not abuse its discretion, we affirm. = = = = A06-1499 In the Matter of the Welfare of the Children of: M.M.C. (a/k/a M.M.B.) and J.J.V., Sr., Parents ROSS, Judge Appellant J.J.V., Sr., challenges the district court's order terminating his parental rights to his children. The district court concluded that J.J.V. abandoned his children, that he is a palpably unfit parent, and that a child experienced egregious harm in J.J.V.'s care. We affirm the parental-termination decision on grounds of abandonment and palpable unfitness. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
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