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Brown-Wilbert11/22/2005
ability for contribution or indemnity should also absolve joint tortfeasors (Copeland Buhl and Lee Harren) from liability. The district court did not specifically address this issue. Respondents preserved the issue for appeal by serving a timely notice of review and addressing it in their brief.
Because this issue was not addressed by the district court, we remand it to the district court for analysis and a determination as it relates to any claims remaining under consideration.
IV.
Appellants move to strike specific portions of respondents' appendix as including documents outside the case record.
"The papers filed in the trial court, the exhibits, and the transcript of the proceedings, if any, shall constitute the record on appeal in all cases." Minn. R. Civ. App. P. 110.01. This court will not consider matters outside the record on appeal and will strike references to such matters from the parties' briefs. Fabio v. Bellomo, 489 N.W.2d 241, 246 (Minn. App. 1992), aff'd, 504 N.W.2d 758 (Minn. 1993).
Because the items noted by appellants were not a part of the district court record, we grant appellants' motion to strike these documents from respondents' appendix, and we have not considered them in reaching our decision.
Affirmed in part and remanded; motion granted.
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