North Dakota Supreme Court
Warner v. Warner
July 18, 20242024 ND 144
Summary
The court affirmed the denial of relief from a divorce judgment awarding primary residential responsibility to Keith Warner. It held the parties' unsigned mediation summary did not create a binding agreement because it was neither approved by the court nor incorporated into an order, and Latasha Warner failed to show that opposing counsel's inaccurate statement justified relief for fraud or misconduct. The court concluded the district court acted within its discretion based on its credibility findings and Latasha Warner's notice of the trial and opportunity to prepare.