Doering v. Doering, 629 N.W.2d 124 (Minn. Ct. App. 2001)
Jun 26, 2001
OUTCOME: Husband was granted a trial on the issue of fraud.
Former husband moved to reopen dissolution judgment for fraud. The Court of Appeals held that: (1) appeal was timely filed; (2) appropriate legal standard applicable motion was ordinary fraud; and (3) ...evidentiary hearing was required.
Child custody
McLain v. McLain, 569 N.W.2d 219 (Minn. Ct. App. 1997)
Sep 23, 1997
OUTCOME: Father retained his right to visitation.
After court in Texas issued divorce judgment granting wife residing in Minnesota physical custody of child and granting husband residing in Texas child visitation rights, wife moved to modify judgment ...as to child visitation in Minnesota. On review, the Court of Appeals, held that: (1) under Texas law, Texas court had continuing jurisdiction over issue of husband's child visitation rights and, thus, Parental Kidnapping Prevention Act (PKPA) prevented district court from modifying visitation unless Texas court declined to exercise its jurisdiction; (2) under PKPA, continuing jurisdiction of Texas court over husband's child visitation rights precluded Minnesota court from exercising jurisdiction over wife's motion to modify visitation, even though Texas law confined Texas court's continuing jurisdiction to visitation; and (3) circumstances in which trial judge vacated another trial judge's earlier jurisdictional decision in the same case did not involve “law of the case.”