Haugeberg v. Haugeberg

PEDERSON, Justice

(dissenting).

The majority opinion recites a proper premise under Rule 52(a), North Dakota Rules of Civil Procedure, that we will not set aside a finding of fact unless it is clearly *669erroneous. That means, upon the entire evidence, we must be convinced that a mistake has been made. The majority then determines what the finding should be (on property division and alimony), and then concludes that this may ultimately obligate Arvid in a greater amount than under the trial court’s finding. To that extent it appears to me that we are saying to Arvid— you win but you lose. When the trial court did its best and we can do no better, we should leave well enough alone. Rambel v. Rambel, 248 N.W.2d 856 (N.D.1977). We are here vacating our function as the reviewing court and exercising the prerogatives of the trial court.