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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSA06-1183Steven M. Maus, Appellant, vs. George J. Galic, Respondent, William Lewis, Respondent, Chestnut & Cambronne, PA, Respondent. LANSING, Judge Steven Maus appeals the district court's decision granting the Chestnut & Cambronne law firm's motion for an attorney's lien on Maus's partnership-dissolution trust account. Maus argues that the district court, which approved a special master's order, failed to properly consider his claims that Chestnut & Cambronne violated the state usury law, the federal Truth in Lending Act, and rule 1.8 of the Minnesota Rules of Professional Conduct. Because proceedings to establish and enforce an attorney's lien are summary in nature and cannot properly address Maus's legal defenses, we affirm. = = = = A06-765 Midland Glass Co., Inc., Appellant, vs. Aluma Spec, Inc., Respondent, EFCO Corporation, Respondent, Minneapolis Public Schools, Special School District No. 1, Respondent, C. L. Paulson & Associates, Inc., Respondent, Rozeboom Miller Architects, Inc., Defendant. LITOWSKI, Judge Appellant Midland Glass Co., Inc. challenges the district court's grant of summary judgment on its antitrust, promissory estoppel, and intentional interference with contractual relations claims against respondents Aluma Spec, Inc., EFCO Corp., C.L. Paulson & Associates, and Minneapolis Public Schools, Special School District No. 1. We affirm. = = = = A06-1431 Rodeshia C. Galbert, Relator, vs. Wells Fargo Bank, N.A., Respondent, Department of Employment and Economic Development, Respondent. KLAPHAKE, Judge Relator Rodeshia Galbert challenges a decision by an unemployment law judge (ULJ) that affirms on reconsideration an earlier decision by the ULJ dismissing relator's appeal as untimely. Relator acknowledges that she erroneously faxed her appeal letter to the unemployment office, rather than to the appeals office. She nevertheless insists that she should be given an opportunity to discuss her reasons for quitting her job as a lead teller with respondent Wells Fargo Bank. Because relator's appeal was not filed within 30 days after the determination of disqualification was mailed to her, we affirm the ULJ's dismissal of this appeal as untimely. = = = = A06-409 Melissa A. Parsons, Relator, vs. Minnesota Care Staffing, Inc., Respondent, Department of Employment and Economic Development, Respondent. KLAPHAKE, Judge Relator Melissa Parsons challenges a decision by an unemployment law judge (ULJ) that affirms on reconsideration an earlier decision that relator was disqualified from receiving unemployment benefits because she was discharged for employment misconduct. Relator argues that the ULJ erred in concluding that relator's reasons for missing work-illness and car troubles-constituted employment misconduct under the applicable statutory definition. Because relator's cancellation of 16 shifts over a six-week period was excessive and contrary to the policies set out by her employer, we affirm the ULJ's decision. = = = = A06-2047 In the Matter of the Welfare of the Children of T. C., Parent. HALBROOKS, Judge On appeal from the district court's termination of her parental rights, appellant argues that (1) the district court and the county failed to make adequate efforts to reunify her with her children; (2) the record does not support the district court's conclusion that appellant failed to correct the conditions leading to the children's out-of-home placement; (3) the district court committed clear error by finding that the children were neglected and in foster care; and (4) the district court erred by refusing to allow appellant more time to comply with the out-of-home service plan. We affirm. = = = = A06-1801 In re the Marriage of: Cole Dylan Petersen, petitioner, Appellant, vs. Angie Lee Petersen, Respondent. HALBROOKS, Judge In this appeal from a dissolution judgment, appellant argues that the district court abused its discretion by denying his motion for amended findings when it (1) awarded respondent sole physical custody of the parties' child because the parties could not agree to joint physical custody; (2) failed to discuss how its factual findings on the statutory best-interests and joint-custody factors weighed either for or against each party and failed to draw a nexus between such findings and its conclusions, and (3) failed to sufficiently explain its reasons for rejecting the custody evaluator's recommendation for joint physical custody. Because we conclude that the district court acted within its discretion, we affirm. = = = = A06-1264 In re the Arbitration of: Cincinnati Insurance Company, Respondent, vs. Tyco Fire Products, f/k/a Central Sprinkler Company, Appellant. STONEBURNER, Judge Appellant asserts that the district court erred by vacating an arbitration award on the basis that it was procured by undue means. Because the record supports a determination that the exclusion of respondent from the arbitration proceeding was procured by undue means, and because the manner in which this arbitration proceeded violated the due-process provisions of the Arbitration Act, substantially prejudicing respondent, we affirm. = = = = A06-1153 Jaime N. McCoy, Relator, vs. County of Ramsey, Respondent, Department of Employment and Economic Development, Respondent. STONEBURNER, Judge Relator challenges the denial of unemployment benefits, arguing that because she quit her employment to accept a new job that provided substantially better terms and conditions of employment, and through no fault of her own, the new job became unavailable, the unemployment-law judge (ULJ) erroneously determined that she was disqualified from receiving benefits. Because we conclude that relator's new job did not provide substantially better terms and conditions of employment, we affirm. = = = = A06-358 A06-742 Rand Claussen Appellant, Barbara Claussen, Appellant, Edward Salovich, et al., Plaintiffs, vs. City of Lauderdale, Minnesota, Respondent, Paul Nolan, et al., Respondents, Dennis Dolphin, et al., Defendants. STONEBURNER, Judge Pro se appellants challenge two district-court orders relating to a boundary line between their property and property owned by respondent City of Lauderdale[1] and denying attorney fees to appellants. We affirm. = = = = A06-753 Vadia Smith-White, Relator, vs. Allina Health System, Respondent, Department of Employment and Economic Development, Respondent. WRIGHT, Judge Relator challenges the unemployment law judge's decision on reconsideration that relator was discharged for employment misconduct and is, therefore, disqualified from receiving unemployment benefits. We affirm. = = = = A06-775 Kerry A. Youngdale, Relator, vs. Sunbelt Sales & Leasing Inc., Respondent, Department of Employment and Economic Development, Respondent. DIETZEN, Judge In this certiorari proceeding, relator challenges the decision of the unemployment law judge (ULJ) that he was discharged for employment misconduct and, therefore, was disqualified from receiving benefits, arguing that his activities did not constitute employment misconduct. Because the ULJ's decision was supported by substantial evidence in the record as a whole, we affirm. = = = = A06-495 Ann Wilson, as Trustee for the Next of Kin of Scott Wilson, Deceased, Appellant, vs. City of Burnsville, Respondent, VisionAir, Inc., a North Carolina corporation, Defendant. WORKE, Judge Appellant Ann Wilson challenges the partial summary judgment granted by the district court under Minn. R. Civ. P. 54.02 to respondent City of Burnsville, arguing that official immunity and the public-duty doctrine do not bar her claim against the city for negligent provision of 911 emergency services. As to official immunity, we hold that the dispatcher's act of providing the incorrect address was a ministerial act not protected by official immunity, while the emergency responders' act of driving first to an incorrect location before reaching the scene of the emergency is a discretionary decision protected by official immunity. But because the public-duty doctrine applies to the city's provision of emergency services, appellant's negligence claim against the city is barred, and we affirm. = = = = A06-947 A06-1418 In re the Marriage of: Penny Jeanne Dittbrenner, petitioner, Respondent, vs. Anthony Allen Dittbrenner, Appellant. CRIPPEN, Judge Appellant Anthony Dittbrenner challenges the district court's findings and conclusion on its placement of physical custody of the youngest of the party's children with respondent Penny Dittbrenner. Except for a single finding, we affirm the district court's findings of fact; thus, reversing in part, we remand for further proceedings not inconsistent with this opinion. = = = = A06-1303 Laura Chigozini Iroabuchi, Relator, vs. Commissioner of Human Services, Respondent. COLLINS, Judge Relator challenges the decision of the Department of Human Services (DHS), which disqualified her from holding any position allowing direct contact with persons who receive services from DHS-licensed programs, arguing that (a) she has accepted full responsibility for her underlying crime and served four months in an adult correction facility; (b) hers was not a crime against persons and she does not otherwise have a criminal background; and (c) with this disqualification she is effectively disabled from completing her nursing education and becoming a nurse. We affirm the DHS's decision. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
Reserved. Minnesota Lawyer representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims. Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance. |
