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LEWIS-MILLER v. ROSS

No. A04-2224.

699 N.W.2d 9 (2005)

Gail LEWIS-MILLER, petitioner, Appellant, v. Christopher ROSS, Respondent.

Court of Appeals of Minnesota.

July 12, 2005.

Attorney(s) appearing for the Case

Christine M. Middleton, Meghan M. Elliott, Paul A. Banker, Lindquist Venum P.L.L.P., Minneapolis, MN, for appellant.

Melissa D. Froehle, Minneapolis, MN, for respondent.

Considered and decided by SCHUMACHER, Presiding Judge; PETERSON, Judge; and WRIGHT, Judge.

OPINION

ROBERT H. SCHUMACHER, Judge.

Appellant Gail Lewis-Miller argues the district court misinterpreted Minn.Stat. § 257C.03 (2004) in dismissing her petition for custody of her nephews without an evidentiary hearing. We reverse and remand.

FACTS

Respondent Christopher Ross and his domestic partner Debra Lewis had a son, C.R., in 1994, and another son, M.R., in January 2003. Ross and Lewis were never married. In October 2003, Lewis...

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