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Paulson v. Meinke

352 N.W.2d 191 (N.D. 1984)
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Paulson v. Meinke

3 Citing cases

  1. Birmingham Retail v. Eastwood Festival

    608 So. 2d 340 (Ala. 1992)   Cited 2 times
    In Birmingham Retail Center Associates, Ltd. v. Eastwood Festival Associates, 608 So.2d 340 (Ala.1992), our supreme court, citing Trail Pontiac–GMC Truck, Inc. v. Evans, 540 So.2d 645 (Ala.1988), and Hall v. Hall, 445 So.2d 304 (Ala.Civ.App.1984), construed the former version of Rule 63 as investing a successor judge, who has reviewed a transcript, with the authority to order a new trial based on substantive grounds.

    E.g., Faris v. Rothenberg, 648 P.2d 1089, 1092 (Colo. 1982); Paulson v. Meinke, 352 N.W.2d 191, 193-94 (N.D. 1984). One commentator has suggested that a successor judge consider four factors: 1) the point to which the trial has proceeded; 2) the complexity of the trial; 3) the importance of witness credibility; and 4) the parties' good faith.

  2. Matter of Estate of Ostby

    479 N.W.2d 866 (N.D. 1992)   Cited 12 times

    Dean's post-trial motions were denied by the successor judge, Honorable Hal Stutsman. Dean Ostby appeals. If a trial judge is unable to act on post-trial motions because of death, disability or other cause, a successor judge may act. NDRCivP 63. Still, the power of a successor judge to review evidence of disputed facts is circumscribed. Paulson v. Meinke, 352 N.W.2d 191 (N.D. 1984). If the successor judge "is not satisfied with the findings, conclusions and decree of his predecessor, and thinks [they] should be vacated or modified, but cannot do so because he did not see and hear the witnesses, then he is limited to the granting of a new trial." Paulson at 193, quoting an Idaho decision.

  3. Paulson v. Meinke

    389 N.W.2d 798 (N.D. 1986)   Cited 8 times
    Finding that a transfer of land for less than one-third the land's value, an "apparent windfall of nearly $60,000," was clearly unjust enrichment

    Therefore, this court reversed and remanded for a new trial before a different judge. Paulson v. Meinke, 352 N.W.2d 191 (N.D. 1984). Following a second trial, Judge Eckert denied Oscar and June any recovery. Oscar appeals, for himself and as personal representative of the estate of June (who has died since this action was commenced), contending that certain findings were clearly erroneous and that Oscar was entitled to judgment as a matter of law.