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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grenfell v. Anderson, 1999 MT 272 (1999)

Citation
Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document
Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction
Montana (state)
Effective Date
1999-11-09

Other Sections in This Document (105)

Full Text

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¶ This Court reviews the findings of a trial court sitting without a jury to determine if the court's
findings are clearly erroneous. Rule 52(a), M.R.Civ.P. A district court's findings are clearly
erroneous if they are not supported by substantial credible evidence, if the trial court has
misapprehended the effect of the evidence, or if a review of the record leaves this Court with the
definite and firm conviction that a mistake has been committed. Whalen v. Taylor (1996), 278
Mont. 293, 299, 925 P.2d 462, 465. Additionally, in determining whether the trial court's findings
are supported by substantial credible evidence, this Court must view the evidence in the light
most favorable to the prevailing party. Roberts v. Mission Valley Concrete Indus., Inc. (1986), 222
Mont. 268, 271, 721 P.2d 355, 357.