Great Western Bank v. H & E ENTERPRISES, LLP

KONENKAMP, Justice.

[H I.] When two experts give contrary opinions on the value of property in a mortgage foreclosure action, is a trial court bound to accept the opinion of one expert? Here, the court ruled that it had to accept one opinion or the other, even though it believed neither opinion was entirely acceptable. Because the court misapprehended its role in assessing expert testimony, we reverse and remand for a new hearing under the proper standard.

Background

[¶ 2.] On November 24, 2000, Phillip Hines executed a personal guarantee of $90,748.60 on behalf of H & E Enterprises, LLP. The…