Kershaw v. Finnson

Citations

• 980 N.W.2d 40
• 2022 ND 165

Syllabus

Contradictory testimony is resolved in favor of affirmance on appeal. Wholesale or verbatim adoption of proposed findings of fact and conclusions of law is disapproved. However, wholesale adoption of proposed findings is not reason alone to reverse a court's decision. Adopted findings will be affirmed if they adequately explain the rationale for the court's decision and are not clearly erroneous. Parenting time decisions must be made based on the best interests of the child. Absent a reason for denying it, some form of extended summer parenting time is routinely awarded. An evidentiary decision will not be reversed unless the complaining party objected and the court's decision affects a party's substantial rights. A successor judge must certify him or herself as familiar with the record under N.D.R.Civ.P. 63 to proceed with a trial or hearing that has been commenced by a judge who cannot complete it.