Korynta v. Korynta

2006 ND 17, 708 N.W.2d 895, 2006 N.D. LEXIS 23, 2006 WL 225214
CourtNorth Dakota Supreme Court
DecidedJanuary 31, 2006
Docket20050201
StatusPublished
Cited by33 cases

This text of 2006 ND 17 (Korynta v. Korynta) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Korynta v. Korynta, 2006 ND 17, 708 N.W.2d 895, 2006 N.D. LEXIS 23, 2006 WL 225214 (N.D. 2006).

Opinion

MARING, Justice.

[¶ 1] Cameron Korynta appeals from a trial court’s order denying his motion for new trial or for reconsideration and order for amended judgment nunc pro tunc. We affirm in part, reverse in part, and remand for further proceedings.

I

[¶ 2] Cameron and Kim Korynta were married in November 1995. At the time, Kim had a daughter from a previous marriage. Cameron adopted this daughter in 1997. During the marriage, the couple had four additional children.

[¶ 3] Kim filed for a divorce on November 14, 2003. A temporary order was entered on February 11, 2004, following cross motions for entry of an interim order. An amended temporary order was filed March 10, 2004. The temporary orders addressed temporary custody, child support, and related issues. A trial was held on August 3, 4, and 25, and September 14, 2004. The trial court entered its findings of fact, conclusions of law, and order for entry of judgment on January 31, 2005. Judgment was entered February 8, 2005.

[¶ 4] Cameron moved for a new trial or, in the alternative, for amended findings and conclusions and moved for reconsideration under Rule 59, N.D.R.Civ.P., on March 4, 2005. The trial court entered an order denying Cameron’s motions with the exception of clarifying that portion of the judgment concerning tax exemptions. An amended judgment nunc pro tunc was filed July 19, 2005.

[¶ 5] On appeal, Cameron argues the visitation schedule granted to him was not in the children’s best interests, the trial court erred when it assigned a negative valuation to a business Kim owned when calculating its distribution of marital assets, and the trial court’s calculation of his income for child support purposes was incorrect. He does not raise any issue on appeal with regard to the trial court’s ciar- *897 ification of its judgment in its order for judgment nunc pro tunc.

II

[¶ 6] Cameron appeals from the trial court’s order denying his Rule 59 motion for a new trial and ordering an amended judgment nunc pro tunc. He also appeals from the denial of his motion to reconsider, which is treated by this Court like a motion to amend or alter under Rule 59(j). See Woodworth v. Chillemi, 1999 ND 43, ¶ 7, 590 N.W.2d 446. Cameron’s notice of appeal does not include any mention of the trial court’s February 8, 2005, judgment.

[¶ 7] “The standard a district court applies when faced with a motion for a new trial, under N.D.R.Civ.P. 59, and the standard this Court applies when reviewing the district court’s decision are distinct.” Brandt v. Milbrath, 2002 ND 117, ¶ 23, 647 N.W.2d 674. “[T]he standard for reviewing an order denying a motion for a new trial is, after viewing the evidence in the light most favorable to the verdict, whether there is sufficient evidence to justify the verdict.” Id. at ¶ 29. Here the case was tried to the court rather than a jury and we view the evidence in the light most favorable to the trial court’s findings of fact. This Court reviews a trial court’s denial of a N.D.R.Civ.P. 59(b) motion for a new trial under the abuse of discretion standard. Schneider v. Schaaf, 1999 ND 235, ¶ 12, 603 N.W.2d 869. Likewise, the decision of a trial court on a Rule 59(j) motion to amend is reviewed under the abuse of discretion standard. Woodworth, 1999 ND 43, ¶ 7, 590 N.W.2d 446. “A trial court abuses its discretion if it acts in an arbitrary, unreasonable, or unconscionable manner, if its decision is not the product of a rational mental process leading to a reasoned determination, or if it misinterprets or misapplies the law.” Schneider, at ¶ 12.

A

[¶ 8] Cameron argues the trial court erred in denying his motion because the visitation schedule approved by the trial court was not in the children’s best interests. In essence, Cameron asserts the trial court should have kept the visitation schedule created by the February 11, 2004, temporary order. Under the temporary order, Kim and Cameron shared custody of the five children, with Cameron having the children in his care each week from the end of his work day on Thursday until 3 p.m. on Sunday. Under the visitation schedule set out in the subsequent judgment, this visitation was reduced. Cameron argues that, to interrupt a schedule that had been in place for the children for thirteen months, the trial court should have had some evidence it was not in the children’s best interest.

[¶ 9] Kim counters, asserting Cameron was granted approximately 156 visitation nights per year in the amended temporary order. Cameron did not exercise all the visitation available to him under the temporary order and the judgment granted Cameron 125 nights per year plus Thursday evenings in off weeks. Kim asserts the trial court’s visitation schedule is generous and the children are not deprived.

[¶ 10] In denying Cameron’s motion for a new trial, the trial court explained its reasoning in deciding visitation stating it did not consider “shuttling the kids back and forth between two homes on a weekly basis as being in the children’s best interest especially in view of the communication issues between the parties.” The trial court also noted its decision was based, in part, on the parties’ failure to keep the children out of the parties’ conflicts with each other. We conclude the trial court did not abuse its discretion in denying the motion for a new trial or the motion to *898 alter or amend the judgment with regard to visitation.

B

[¶ 11] Cameron argues the trial court erred when it assigned a negative valuation to Kim’s business when calculating the distribution of marital assets. Cameron argues the court failed to state there was a shareholder loan taken out on the business of $12,059 and a loan of $28,659. Cameron further argues the court’s decision is based on a bare assertion that the negative valuation was based on a tax return.

[¶ 12] Kim counters, asserting the trial court made great effort to explain its factual basis for the property valuation and division.

[¶ 13] In its order denying Cameron’s Rule 59 motion, the trial court explains:

The value of the Dakota Shopper was based upon the evidence presented during trial. As stated in paragraph 8 of the Court’s Findings, the value was based upon the 2003 corporate tax return and the plaintiffs testimony. The defendant offered no testimony or evidence with regard to the value of the Dakota Shopper. Further, .neither party provided any expert testimony with regard to valuation of this business.

A trial court’s valuation of property is presumed correct and we view the evidence presented in the light most favorable to the trial court’s findings of fact. Oldham v. Oldham, 2004 ND 62, ¶ 14, 677 N.W.2d 196. We conclude the trial court did not abuse its discretion in denying the motion for a new trial or the motion to alter or amend the judgment concerning the valuation of Kim’s business.

C

[¶ 14] Cameron argues the trial court erred in the calculation of his income for child support purposes.

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Cite This Page — Counsel Stack

Bluebook (online)
2006 ND 17, 708 N.W.2d 895, 2006 N.D. LEXIS 23, 2006 WL 225214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korynta-v-korynta-nd-2006.