Personnel data, however, are private unless they fit within a category of information specifically identified as public." City of Duluth v. Duluth Police Local, 690 N.W.2d 357, 359 (Minn.Ct.App. 2004) (citation omitted). With exceptions not relevant here, certain personnel data on current and former employees of a government entity is public, including "the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action."
In this case, the district court did not issue an order rejecting the Contractors' statute-of-repose defense, and the judgment in which the district court determined that the 2002 version of the statute applied was not adverse to the Contractors because the district court held that the 2002 version of the statute barred the School District's warranty claims. The School District also relies on the court of appeals' decision in City of Duluth v. Duluth Police Local, 690 N.W.2d 357 (Minn.App. 2004). To the extent that case is inconsistent with this opinion, it is overruled.
We will not consider a challenge to issues decided adversely to a respondent when the respondent has not filed a notice of review. City of Duluth v. Duluth Police Local, 690 N.W.2d 357, 359 (Minn.App. 2004). Further, the issue is moot in light of our ruling and we decline to address it.
Thus, respondent has waived the right to argue that the district court erred in reducing the amount of spousal maintenance to $400 per month. See City of Duluth v. Duluth Police Local, 690 N.W.2d 357, 359-60 (Minn.App. 2004) (stating that a respondent must file a notice of review in order to obtain review of a district court's adverse decision). Consequently, the statute required that the district court apply the factors set forth in Minn. Stat. § 518.552. Minn. Stat. § 518.64, subd. 2(c) (2004).
But respondent did not file a notice of review under Minn. R. Civ. App. P. 106, and therefore has waived her right to appellate review of the judgment entered on the district court's order denying appellant's motion. See City of Duluth v. Duluth Police Local, 690 N.W.2d 357, 359-60 (Minn.App. 2004) (stating that a respondent must file a notice of review in order to obtain review of a district court's adverse decision).DECISIONI