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KLUNDT v. CAROTHERS

No. 11684.

537 P.2d 62 (1975)

96 Idaho 782

Walter A. KLUNDT et al., Plaintiffs-Respondents, v. Milton CAROTHERS, an individual, and Anchor Ranches, Inc., a corporation, Defendants, and Anchor Ranches, Inc., a corporation, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied July 24, 1975.

Attorney(s) appearing for the Case

Richard B. Eismann, Homedale, for defendant-appellant.

Richard H. Greener of Webb, Johnson, Tway, Redford & Greener, Boise, for plaintiffs-respondents.

SHEPARD, Justice.

This is an appeal by defendant-appellant Anchor Ranches, Inc. from an order of the district court for a new trial. Following trial, the district court sua sponte ordered a new trial on the basis that it had committed "serious error" at trial in excluding certain evidence.

A district court may, upon its own initiative, grant a new trial for any reason that a new trial could be granted upon motion of a party. I.R.C.P. 59(d). An order...

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