Avila v. Weaver

Citations

• 2019 ND 20

Syllabus

If a post-trial motion does not require the amendment of the judgment, N.D.R.App.P. 4(a)(3) applies and the time for appeal begins upon service of the notice of the order disposing of the motion. Where the order disposing of the motion necessitates the entry of an amended judgment, N.D.R.App.P. 4(a)(1) applies and the time for appeal begins upon the service of the notice of the entry of the amended judgment. An initial judgment did not foreclose on an award of attorney fees under N.D.R.Civ.P. 54(e)(3). This Court does not consider questions that were not presented to the district court and that are raised for the first time on appeal.