The moving party brought a motion under Rule 59.06(2)(a) to set aside a trial judgment, alleging the responding parties committed fraud by submitting false dump tickets for excavated soil.
The court dismissed the motion, finding no evidence of false representations, no evidence of loss, and no new material facts that could not have been discovered prior to trial.
The court awarded full indemnity costs to the responding parties, noting the moving party's unfounded allegations of fraud and the lack of merit to the motion.
