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Jan Reiser and Auto-Owners Insurance Company, Plaintiffs and v. Roger Thorpe D/B/A Roger's Staining

July 19, 2012

JAN REISER AND AUTO-OWNERS INSURANCE COMPANY, PLAINTIFFS AND APPELLANTS
v.
ROGER THORPE D/B/A ROGER'S STAINING, AND ROGER'S STAINING, INC., DEFENDANTS AND APPELLEES



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

The opinion of the court was delivered by: PerCuriam.

N.D. Supreme CourtReiser v. Thorpe, 2012 ND 150

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Reiser v. ThorpeNo. 20120137

Per Curiam.

[¶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).

[¶2] Daniel J. Crothers, Acting C.J. Mary Muehlen Maring Carol Ronning Kapsner Dale V. Sandstrom Everett Nels Olson, S.J.

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

20120719

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