[Go to Documents] | Filed May 7, 1991 |
Dean 0. Schumacher, Plaintiff and Appellant
and
Sandra L. Schumacher, Plaintiff
v.
Mary S. Schumacher, as Personal Representative of the Estate of Robert 0. Schumacher; Roam's Rentals, a North Dakota General Partnership whose partners are Robert 0. Schumacher and Mary S. Schumacher; and Schumacher's of Fargo, Inc., a North Dakota corporation, Defendants and Appellees
and
Edmund G. Vinje II, Appellant
Civil No. 890191
Appeal from the District Court for Cass County, East Central Judicial District, the Honorable Cynthia A. Rothe, Judge.
REVERSED.
Opinion of the Court by Gierke, Justice.
Vinje Law Office, P.O. Box 2144, Fargo, ND 58107-2144, for plaintiffs and appellants; argued by Edmund G. Vinje II. Appearance by Daniel L. Hull.
Morley & Morley, Ltd., P.O. Box 239, Grand Forks, ND 58206-0239, and McConn, Fisher, Olson & Daley, P.O. Box 787, Grand Forks, ND 58206-0787, for defendants and appellees; argued by Patrick R. Morley. Appearance by Patrick W. Fisher.
Schumacher v. Schumacher
Gierke, Justice.
Dean and Sandra Schumacher appeal from that part of a judgment awarding attorney fees and costs of $36,600 in favor of the defendants and against Dean, Sandra, and their attorney. We reverse.
Today, in a companion appeal addressing the merits of the issues raised in this lawsuit, we reversed the judgment and remanded the case for a new trial on all issues. Schumacher v. Schumacher, N.W.2d, (Civil No. 890180; April 1991). In light of our disposition of that companion appeal we reverse the award of costs and attorney fees.
REVERSED.
H.F. Gierke, III
Gerald W. VandeWalle
Beryl J. Levine
Herbert L. Meschke
Ralph J. Erickstad, C.J.