Cavare v. Kjelgren

Citations

• 968 N.W.2d 141
• 2021 ND 236

Syllabus

In an appeal from a bench trial, the district court's findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable. A district court's choice between two permissible views of the weight of the evidence is not clearly erroneous. A district court's decision to deny a motion for relief from a judgment will not be reversed on appeal unless the court abused its discretion in ruling there were not sufficient grounds for relief from the judgment. Relief from a judgment on grounds of fraud, misrepresentation, or other misconduct is extraordinary relief that should only be granted in exceptional circumstances.