| MINNEAPOLIS PERSONAL INJURY ATTORNEY |
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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSA08-0013In re the Marriage of: Mary Ann McCarney, petitioner, Respondent, vs. Paul Dean Hartleben, Appellant. STAUBER, Judge On appeal in this dissolution matter, appellant-husband challenges the district court's spousal maintenance award to respondent-wife. We affirm in part, reverse in part, and remand. = = = = A08-0160 Chadwick Banken, et al., Appellants, vs. G. Scott Hoke, et al., Respondents. COLLINS, Judge Appellants challenge the dismissal of their legal-malpractice action, arguing that (1) the district court erred by concluding that appellants' expert-interrogatory answer was not sufficient to satisfy the expert-disclosure requirements of Minn. Stat. § 544.42, subd. 4 (2008); (2) even if their expert-interrogatory answer was deficient, under the safe-harbor provision of the statute appellants are entitled to notice of the deficiencies and an additional 60 days to serve an amended affidavit; and (3) applying the mandatory-dismissal provision is a harsh consequence that ignores the legislative intent and violates public policy. We affirm. = = = = A08-0239 Patricia J. Fryhling, Appellant, vs. Edward J. France, Jr., et al., Respondents. COLLINS, Judge Appellant challenges the district court's dismissal of her conciliation appeal for lack of jurisdiction, arguing that the district court erred by finding that appellant failed to comply with the requirements of Minn. R. Gen. Pract. 521 for removal of the cause to district court for trial. We affirm. = = = = A08-0402 In re the Marriage of: Marvin Louis Kowalski, petitioner, Appellant, vs. Roxann Marie Kowalski, Respondent. STAUBER, Judge On appeal in this marital-dissolution matter, appellant-husband argues that (1) the record does not support the determination that all of the down payment on the parties' homestead was attributable to respondent-wife's nonmarital funds; (2) the district court should have reopened the stipulation for mistake, inadvertence, or excusable neglect; and (3) the judgment is internally inconsistent in addressing whether a third party had an interest in certain property awarded to appellant. We affirm in part, reverse in part, and remand. = = = = A08-0433 Lisa A. Keegan, Relator, vs. Thrifty Drug Stores Inc., Respondent, Department of Employment and Economic Development, Respondent COLLINS, Judge Relator challenges the decision of the unemployment law judge (ULJ) that relator is ineligible to receive unemployment benefits because she engaged in employment misconduct, arguing that (1) her request for reconsideration was not untimely; (2) termination of her employment was in retaliation for requesting information about filing a grievance; and (3) she did not commit employment misconduct. We affirm. = = = = A08-0825 Middle-Snake-Tamarac Rivers Watershed District, Respondent, vs. James Stengrim, Appellant. PETERSON, Judge Appellant challenges the denial of a summary-judgment motion brought under Minnesota's anti-SLAPP (Strategic Lawsuits Against Public Participation) statute, Minn. Stat. §§ 554.01-.05 (2008), arguing that the district court's refusal to apply the statute was error. We reverse and remand. = = = = A08-1461 In the Matter of the Civil Commitment of: Randy Earl Hammermeister. ROSS, Judge Randy Hammermeister challenges his indeterminate civil commitment as a sexually dangerous person and as a sexual psychopathic personality. He argues that the state failed to prove that he is highly likely to engage in future harmful sexual conduct and that he cannot control his deviant sexual interests. Because the record supports the district court's very detailed and thoroughly analyzed findings of fact and its conclusion that Hammermeister meets the statutory criteria for commitment, we affirm. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
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