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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. 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.

  3. Stevens v. Hartford Accident Indemnity Co.

    29 Conn. App. 378 (Conn. App. Ct. 1992)   Cited 42 times
    In Stevens, this court addressed the proper procedures to be followed under § 51-183f in the event that a judge retires due to death, disability or resignation during the pendency of a trial to the court.

    "In cases tried without a jury, the general rule is that a party litigant is entitled to a decision on the facts by a judge who heard and saw the witnesses, and a deprivation of that right is a denial of due process." Paulson v. Meinke, 352 N.W.2d 191, 193 (N.D. 1984); Anderson v. Dewey, 82 Idaho 173, 180, 350 P.2d 734 (1960); 46 Am.Jur.2d, Judges 37. While this rule would appear to mandate a new trial in a case like the present one, which involves disputed issues of fact, we believe that recent amendments to rule 63 of the Federal Rules of Civil Procedure provide proper guidance to our trial courts in both carrying out the mandate of 51-183f and ensuring that no party is deprived of its due process right to a decision by the judge who heard and saw the witnesses. Rule 63 now provides: "If a trial or hearing has been commenced and the judge is unable to proceed, any other judge may proceed with it upon certifying familiarity with the record and determining that the proceedings in the case may be completed without prejudice to the parties.