Gada v. Dedefo

126 Citing cases

  1. In re Marriage of Helmin

    No. A23-1345 (Minn. Ct. App. Aug. 26, 2024)

    Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn.App. 2004) (stating that, on appeal, appellate courts "neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the fact[-]finder"). And the record supports the district court's finding that the OFP had no bearing on the proceedings because the OFP was issued in 2018 and expired in 2020, three years before mother's motion.

  2. Siverling v. Bjerke

    A15-1974 (Minn. Ct. App. Aug. 15, 2016)

    A district court abuses its discretion when it issues an OFP that lacks evidentiary support. Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn. App. 2004); see Chosa ex rel. Chosa v. Tagliente, 693 N.W.2d 487, 490 (Minn. App. 2005) (concluding that the district court erred when there was no evidence to support its conclusion that domestic abuse occurred). An OFP lacks evidentiary support when the findings are clearly erroneous, contrary to the weight of the evidence, or not supported by the evidence as a whole.

  3. Schanze v. Schanze

    A15-0231 (Minn. Ct. App. Dec. 14, 2015)

    A district court abuses its discretion when it issues an OFP that lacks evidentiary support. Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn. App. 2004). An OFP lacks evidentiary support when the findings are clearly erroneous, contrary to the weight of the evidence, or not supported by the evidence as a whole.

  4. Marsh v. Nyepon

    No. A23-0682 (Minn. Ct. App. Mar. 18, 2024)

    When considering a district court's decision whether to grant an OFP, "[w]e give deference to the 'opportunity of the trial court to assess the credibility of witnesses.'" Id. at 500-01 (quoting Sefkow v. Sefkow, 427 N.W.2d 203, 210 (Minn. 1988)). Appellate courts will "neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder." Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn.App. 2004) (determining record evidence supported district court's decision to grant OFP). Husband contends that the district court "gave much credibility to [wife's] case without considering or crediting the evidence provided by [husband]."

  5. Thompson ex rel. Minor Child v. Schrimsher

    A16-0378 (Minn. Ct. App. Jan. 9, 2017)   Cited 1 times

    A district court abuses its discretion when it issues an OFP that lacks evidentiary support. Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn. App. 2004); see also Chosa ex rel. Chosa v. Tagliente, 693 N.W.2d 487, 490 (Minn. App. 2005) (concluding that district court erred when there was no evidence to support its conclusion that domestic abuse occurred). An OFP lacks evidentiary support when the findings are clearly erroneous, are contrary to the weight of the evidence, or not supported by the evidence as a whole.

  6. Gasper ex rel. A. R. G. v. Gasper

    A14-2113 (Minn. Ct. App. Aug. 24, 2015)

    When reviewing a district court's decision to grant an OFP, this court does not attempt to "reconcile conflicting evidence" as that task belongs exclusively to the district court as the fact finder. Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn. App. 2004). The Domestic Abuse Act permits a family member to petition for an OFP in cases of domestic abuse. Minn. Stat. ยง 518B.01, subd. 4(a) (2014).

  7. Accredited Elec. Sols. v. PinPoint Homes, LLC

    No. A22-1293 (Minn. Ct. App. Apr. 3, 2023)

    We will "neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder." Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn.App. 2004).

  8. Accredited Elec. Sols. v. PinPoint Homes, LLC

    No. A22-1059 (Minn. Ct. App. Feb. 27, 2023)

    In re Civ. Commitment of Kenney, 963 N.W.2d 214, 221 (Minn. 2021) (quoting N. States Power Co. v. Lyon Food Prods., Inc., 229 N.W.2d 521, 524 (Minn. 1975)). We will "neither reconcile conflicting evidence nor decide issues of witness credibility, which are exclusively the province of the factfinder." Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn.App. 2004); Gellert v. Eginton, 770 N.W.2d 190, 196 (Minn.App. 2009) ("A district court, as finder of fact, is not required to believe even uncontradicted testimony if there are reasonable grounds to doubt its credibility."), rev. denied (Minn. Oct. 20, 2009)

  9. In re Shanley

    No. A21-1526 (Minn. Ct. App. Jun. 20, 2022)

    Ekman v. Miller, 812 N.W.2d 892, 895 (Minn.App. 2012) (quoting Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn.App. 2004)); see In re Civ. Commitment of Kenney, 963 N.W.2d 214, 221-23 (Minn. 2021) (discussing clear-error standard of review). On appeal from a district court's decision regarding whether to grant an OFP, "[a]n appellate court will 'neither reconcile conflicting evidence nor decide issues of witness credibility.'"

  10. Frandrup v. Frandrup

    No. A21-1300 (Minn. Ct. App. Jun. 20, 2022)

    We review the district court's factual findings for clear error and do not attempt to "reconcile conflicting evidence" or "decide issues of witness credibility." Gada v. Dedefo, 684 N.W.2d 512, 514 (Minn.App. 2004).