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Price v. Miller

Minnesota Court of Appeals
Aug 24, 1999
No. C0-99-836 (Minn. Ct. App. Aug. 24, 1999)

Opinion

No. C0-99-836.

Filed August 24, 1999.

Appeal from the District Court, Ramsey County, File No. C698100635.

Koebel Price, (pro se respondent)

Leslie Miller, (pro se appellant)

Considered and decided by Kalitowski, Presiding Judge, Toussaint, Chief Judge, and Schumacher, Judge.


This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998).


UNPUBLISHED OPINION


Appellant Leslie A. Miller contends the district court erred by issuing a harassment restraining order forbidding her to have any contact with her neighbor, respondent Koebel Price. We affirm.

DECISION

A reviewing court shall not set aside the district court's findings of fact unless they are clearly erroneous, and due regard shall be given to the opportunity of the district court to judge the credibility of the witnesses. Minn.R.Civ.P. 52.01. The findings of a referee to the extent adopted by the court are considered the findings of the court. Id.

Appellant contends she did not harass respondent, and therefore the district court erred in issuing a harassment restraining order. Thus, appellant in effect argues that the referee's findings were not supported by the evidence. We disagree. Respondent and his roommate testified to appellant's harassing behavior, and respondent submitted evidence supporting the testimony. The referee was in the best position to judge the credibility of the witnesses. Because the findings are amply supported in the record, we conclude the findings were not clearly erroneous and the district court did not err by issuing the restraining order.

Affirmed.


Summaries of

Price v. Miller

Minnesota Court of Appeals
Aug 24, 1999
No. C0-99-836 (Minn. Ct. App. Aug. 24, 1999)
Case details for

Price v. Miller

Case Details

Full title:Koebel Price, petitioner, Respondent, v. Leslie Miller, Appellant

Court:Minnesota Court of Appeals

Date published: Aug 24, 1999

Citations

No. C0-99-836 (Minn. Ct. App. Aug. 24, 1999)