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In Re Estate of Magnus
Citations: 436 N.W.2d 821; 1989 Minn. App. LEXIS 264; 1989 WL 20486Docket: C3-89-117
Court: Court of Appeals of Minnesota; March 14, 1989; Minnesota; State Appellate Court
In the case of In re Estate of Dorothy B. Magnus, the Court of Appeals of Minnesota addressed an appeal by Donald and Gerald Sweeney regarding a ruling that a bequest to them had been adeemed due to the decedent's lack of ownership of the property at the time of her death. The trial court had concluded that the bequest was entirely adeemed and issued its order on December 21, 1988, after the Sweeneys failed to appear for the hearing. On appeal, the Sweeneys challenged the absence of an evidentiary hearing and the trial court's conclusion on ademption. They sought a summary reversal before the merits were briefed, claiming that the record contained no evidence to support the trial court's decision. The court emphasized that a motion for summary reversal was not permitted under the Rules of Civil Appellate Procedure and reiterated that the appellate court’s review is confined to issues that were actually raised and decided in the trial court. The court noted the Sweeneys’ failure to appear and their lack of requests for an evidentiary hearing during the trial, highlighting that issues not fully litigated at the lower court level cannot be addressed on appeal. It pointed out that relief sought in the appellate court must have been previously requested in the trial court, and failure to make such requests may result in dismissal of the appeal. The court ultimately denied the motion for summary reversal, cautioning the parties to adhere to the limited scope of review for the upcoming merits briefing.