966 N.W.2d
1 opinion
The district court did not abuse its discretion by denying the motion to vacate the order granting summary judgment. To be entitled to an award of attorney's fees under N.D.C.C. § 28-26-01(2), the prevailing party must allege the nature of the frivolous claim in a responsive pleading. The district court must award attorney's fees under N.D.C.C. § 28-26-01(2) only after it finds a claim for relief is frivolous.
