|MINNEAPOLIS PERSONAL INJURY ATTORNEY|
UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSA07-1002
Appellant Kristi Wells, formerly known as Kristi Stimpfl,
challenges the district court's order denying her request for an
evidentiary hearing and refusing to modify the custody of the parties'
children, who live with respondent Kurt Stimpfl. Appellant also argues
that the district court abused its discretion by ordering a change of
venue to Wright County, respondent's county of residence.
Because appellant failed to make a prima facie case for
modification of custody, and because the district court did not abuse
its discretion by ordering a change of venue, we affirm.
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In this appeal from an order terminating appellant father's
parental rights to his two youngest children, appellant argues that the
record lacks clear and convincing evidence that any of the alleged
statutory bases for termination exists. We affirm.
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Appellant father challenges the involuntary termination of
parental rights to his son, arguing that the district court erroneously
vacated a previously accepted voluntary conditional consent to
termination of parental rights, and there is insufficient evidence to
support the district court's finding that he is palpably unfit to be a
parent. Under the unique procedural facts of this case, we conclude
that father's parental rights were terminated without conditions by a
final order based on father's consent, and the district court erred by
vacating father's voluntary termination of parental rights and
involuntarily terminating father's parental rights based on palpable
unfitness. We therefore affirm voluntary termination of father's
parental rights and vacate the order for involuntary termination.
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In this appeal from summary judgment granted to respondent
school district, appellant, trustee for the next-of-kin of J.S., argues
that the district court erred in determining that (1) the school
district did not owe a duty to prevent J.S.'s suicide; (2) as a matter
of law, the conduct of the school district's employees did not cause
J.S's suicide; and (3) appellant's claims are barred by the doctrines of
official and vicarious-official immunity. We affirm.
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Boyd D. Amsler, Jr.,
Phoenix Medical Services, Inc.,
Department of Employment and Economic Development,
Relator challenges respondent Department of Employment and
Economic Development's decision that he was discharged from employment
for misconduct, disqualifying him from receiving unemployment benefits.
Relator argues that the evidence shows that he was discharged before his
employer became aware of his alleged misconduct and that the
determination that he committed misconduct should be vacated. Because
the record supports respondent's determination that relator was
discharged for misconduct, we affirm.
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In the Matter of the
Welfare of the Children of:
M.B. and J.B., Parents.
On appeal in these consolidated
termination-of-parental-rights appeals, appellant-mother argues that the
record does not show that (a) she is a palpably unfit parent; and (b)
termination of her parental rights is in the children's best interests.
Appellant-father argues that (a) the record does not show that father is
a palpably unfit parent; and (b) the county failed to make any efforts
to reunite father and the children. We affirm.
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In re the Marriage of:
Kim Gail Capra, petitioner,
Mario R. Capra,
Appellant-father challenges the district court's decision to
modify the custody provision in the dissolution judgment and decree and
grant respondent-mother sole legal and sole physical custody of the
children, arguing that the district court abused its discretion by (1)
making findings that are unsupported by the evidence, and (2) declining
to follow the recommendations of independent professionals. We affirm.
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Richard Meggitt appeals from the district court's order modifying
child support and spousal maintenance. When Meggitt and Beth Arneson's
marriage dissolved in 1993, they stipulated that Meggitt would pay
Arneson child support until June 2006, the time when they expected the
younger of their two sons to graduate from high school. They also
agreed to an amount of spousal maintenance that Meggitt would pay, which
would increase at that same point of graduation. In September 2005
Meggitt moved to modify child support. The child support magistrate
ordered Meggitt to pay only part of the monthly support obligation, with
the balance accruing as arrears. The district court reviewed the
magistrate's order and extended Meggitt's duty to pay child support for
one year to correspond with the modified graduation date of the younger
son. The court also postponed the spousal-maintenance increase until
that same date. The parties challenge different aspects of the district
court's decision. Because the district court did not abuse its
discretion by extending child support or by leaving the overall support
obligation intact, and because Arneson did not file a notice of review,
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
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