Erickson v. Olsen

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Appellants Dean Olsen, Susan Olsen, Bobby Olsen, Clee Raye Olsen, and Marion Bergquist, three stepchildren of Clarence Erickson and two spouses of the stepchildren, appealed a judgment granting a motion by Clarence Erickson's biological son, Curtis Erickson, to correct the judgment under N.D.R.Civ.P. 60(a). After Clarence Erickson died in December 2010, Curtis petitioned to rescind certain real and personal property transfers by Clarence to the appellants and to invalidate his September 2010 will. After a bench trial, the district court entered a judgment concluding that undue influence was exerted over Clarence when executing his will and while transferring real and personal property to the appellants, that Clarence lacked capacity to transfer money and real property, and that Clarence lacked testamentary capacity to execute the will. The court denied the appellants' motion to amend the findings and judgment under N.D.R.Civ.P. 52(b). The appellants then moved to correct the judgment under N.D.R.Civ.P. 60(a), asking the district court to require repayment of the purchase prices the appellants paid for real property transfers invalidated by the court's judgment. The Supreme Court concluded the district court misapplied the law for clerical errors or mistakes arising from oversight or omission under N.D.R.Civ.P. 60(a). Therefore, the trial court abused its discretion in granting Curtis Erickson's motion to correct the judgment under Rule 60(a). View "Erickson v. Olsen" on Justia Law