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AUS v. CARTER

No. 990101.

603 N.W.2d 885 (1999)

1999 ND 246

Kelvin AUS, Plaintiff and Appellant, v. Tommie "Jane" CARTER, n/k/a Tommie "Jane" Thiel, Defendant and Appellee.

Supreme Court of North Dakota.

December 23, 1999.

Attorney(s) appearing for the Case

Kelvin Aus, pro se, Minot, ND, for plaintiff and appellant. Robert S. Thomas, Thomas & Thomas, Minot, ND, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] Kelvin Aus appeals the trial court's denial of his motion for a new trial based on newly discovered evidence under N.D.R.Civ.P. 59(b)(4). We hold the trial court erred in failing to treat the motion for a new trial to re-examine the issue of custody as a motion for a change in custody, and the trial court abused its discretion in not considering the factors created in Stout v. Stout, 1997 ND 61, 560 N.W.2d 903<...

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