Opinion
A22-0144
12-13-2022
In the Matter of the Trust of Robert W Moreland a/k/a Robert William Moreland
ORDER ON PETITION FOR FURTHER REVIEW
Issues:
1) Did the Court of Appeals err in upholding the district court's determination that the Second Amendment was valid despite any findings of fact by the district court that the Second Amendment “substantially complied” with the terms of the underlying trust?
2) Did the Court of Appeals err by finding sua sponte that there was a mistake of fact or law to affirm the district court's reformation of the Second Amendment, when the district court failed to make any such findings of a mistake of fact or law and despite any argument of a mistake by Respondent?
3) Did the Court of Appeals err by holding that when a district court reforms trust terms, a mistake of fact or law is implied, making the legislature's requirement of “a mistake of fact or law” superfluous, unnecessary, and meaningless.
Granted in part