Reiser v. Thorpe

¶1Filed 7/19/12 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72012 ND 150

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¶11Jan Reiser and Auto-Owners

¶12Insurance Company, Plaintiffs and Appellants

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¶14v.

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¶16Roger Thorpe d/b/a Roger’s

¶17Staining, and Roger’s Staining, Inc., Defendants and Appellees

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¶21No. 20120137

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¶25Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Lisa K. Fair McEvers, Judge.

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¶27AFFIRMED.

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¶29Per Curiam.

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¶31Bradley J. Ayers (argued), 5125 County Road 101, Suite 202, Minnetonka, MN 55345, and Corey J. Quinton (appeared), P.O. Box 657, Moorhead, MN 56561-

¶320657, for plaintiffs and appellants.

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¶34Scott K. Porsborg, P.O. Box 460, Bismarck, N.D. 58502-0460, for defendants and appellees.

¶35Reiser v. Thorpe

¶36No. 20120137

¶37

¶38Per Curiam.

¶39[¶1] Jan Reiser and Auto-Owners Insurance Company (collectively “Reiser”) appeal from a judgment awarding Roger Thorpe, doing business as Roger’s Staining and Roger’s Staining, Inc. (collectively “Thorpe”), $98,543.84 in costs and disbursements incurred in Thorpe’s defense of Reiser’s unsuccessful lawsuit.  Reiser argues the district court erred in awarding Thorpe approximately $91,000 in expert witness fees and in approving other miscellaneous expenses because the fees and expenses were not reasonable.  We conclude the court did not abuse its discretion and affirm the judgment under N.D.R.App.P. 35.1(a)(4).

¶40[¶2] Daniel J. Crothers, Acting C.J.

¶41Mary Muehlen Maring

¶42Carol Ronning Kapsner

¶43Dale V. Sandstrom

¶44Everett Nels Olson, S.J.

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¶46[¶3] The Honorable Everett Nels Olson, S.J., sitting in place of VandeWalle, C.J., disqualified.