Interest of Voisine
2012 ND 250
| N.D. | 2012Background
- MayPort sued St. Hilaire for storage charges on edible beans purchased by St. Hilaire from MayPort for 2008 harvest.
- Beans were stored due to MayPort’s delays from equipment replacement, cold/wet weather, and lack of rail access; St. Hilaire did not issue shipping instructions for some beans.
- The district court found no storage-charge provision in the contract and applied usage of trade to fill the gap, concluding storage charges were inappropriate.
- MayPort moved to amend findings of fact and conclusions of law and to amend judgment; the district court denied the motion.
- The appellate court upheld, finding the district court’s factual findings were not clearly erroneous and the denial of the motion to amend was not an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether findings of fact are clearly erroneous | MayPort contends error in how delays caused storage. | St. Hilaire argues findings supported by evidence and credibility determinations. | Findings not clearly erroneous. |
| Standard of review for documentary evidence | MayPort urges a less deferential standard when documentary evidence is involved. | St. Hilaire relies on live testimony and documentary evidence; standard remains clearly erroneous. | Clearly erroneous standard applies. |
| Abuse of discretion denying post-judgment amendments | MayPort claims admission of fact exists and should amend. | St. Hilaire asserts no material admission; court acted within discretion. | No abuse; amendments denied. |
| Exhibit 123 as admission of liability | MayPort viewed Exhibit 123 as admission of charges. | St. Hilaire contends it was settlement negotiations, not admission. | Exhibit 123 not an admission; properly denied as amendment. |
Key Cases Cited
- Wheeler v. Southport Seven Planned Unit Dev., 2012 ND 201 (ND, 2012) (clearly erroneous standard governs factual findings)
- Hanson v. Williams Cnty., 452 N.W.2d 313 (N.D. 1990) (standard applies to documentary and live-evidence findings)
- Knudson v. Kyllo, 2012 ND 155 (ND, 2012) (weight of evidence; discretionary credibility findings upheld)
- McGhee v. Mergenthal, 2007 ND 120 (ND, 2007) (abuse-of-discretion standard for post-judgment motions)
- Jarvis v. Jarvis, 1998 ND 163 (ND, 1998) (discretion to deny Rule 59 motions; rational process required)