Interiors by France v. Mitzel Contractors, Inc., et al.
- Interiors by France, Plaintiff and Appellant
Mitzel Contractors, Inc., d/b/a Mitzel Homes,
Mitzel Builders, Inc., Leeroy Mitzel, an
individual, Defendants and Appellees
Eddy Mitzel, an individual, Defendant
- Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
Case No. 2016-CV-00803
South Central Judicial District, Morton County
James S. Hill
Parties' Statement of Issues
Whether the district court misinterpreted or misapplied N.D.C.C. § 27-08.1-04 in denying Interior by France’s motion for attorney fees under N.D.R.Civ.P. 54(e).
Whether the District Court correctly determined legislative intent by construing the unambiguous language in N.D.C.C. § 27-08.1-04.
This matter was originally commenced in small claims court on September 28, 2016. Interiors by France (“IBF”) asserted it was not paid for furnishing and installing flooring materials. Mitzel Builders, Inc. (“MBI”) and Leeroy Mitzel filed an answer and removed the action from small claims court to district court.
On November 16, 2016, IBF moved to amend its small claims affidavit to add Mitzel Contractors, Inc. (“MCI”) in place of MBI along with Leeroy Mitzel. On February 23, 2017, MBI, Leeroy Mitzel, and IBF stipulated that IBF would file an amended complaint naming MCI as the sole defendant. IBF amended its complaint for a second time on November 1, 2017. In addition to MCI, IBF alleged causes of action against MBI, Leeroy Mitzel, and Eddy Mitzel.
On June 29, 2018, MCI signed a confession of judgment authorizing IBF to take judgment against it in the sum of $18,967.02. IBF agreed to dismiss with prejudice its claims against MBI., Leeroy Mitzel, and Eddy Mitzel. As part of the agreement, MCI reserved the right to challenge IBF’s forthcoming motion for attorney fees.
On July 3, 2018, IBF moved the district court for an award of $66,968 in attorney fees. On August 27, 2018, the court issued an order denying the motion for attorney fees. A judgment was entered on August 29, 2018. On appeal, IBF argues the court erred in denying its motion for attorney fees.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/30/2018||NOTICE OF APPEAL : 10/30/2018|
|2||10/31/2018||Received $125 filing fee|
|3||11/01/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||11/01/2018||Notice served on Andrew L. Askew, Jack E. Zuger, David D. Schweigert, Tyler J. Siewert,|
|5||11/01/2018||& Christopher J. Nyhus|
|6||11/05/2018||ORDER FOR TRANSCRIPT : 11/05/2018|
|7||11/27/2018||ELEC. RECORD ON APPEAL DATED (ENTRY NOS. 1-197)|
|8||12/31/2018||ELECTRONIC TRANSCRIPT DATED AUGUST 27, 2018 & C.O.S.|
|9||02/11/2019||MOTION FOR ADDITIONAL WORDS|
|11||02/11/2019||ACTION BY ACTING CHIEF JUSTICE CROTHERS (GRANTED IN PART, 1,000 WORDS) - Granted|
|13||02/11/2019||E-FILED BRIEF (PDF)|
|16||02/13/2019||Rec'd e-filing surcharge for ATB & ATA (receipt #26893)|
|17||02/14/2019||Rec'd 6 copies of ATB & ATA from CSD|
|18||03/12/2019||Rec'd notice that Eddy Mitzel will not be filing a brief and will not be a party to the appeal|
|20||03/15/2019||Rec'd $25 surcharge for AEB (Receipt No. 26944)|
|21||03/19/2019||NOTICE OF ORAL ARGUMENT SENT|
|22||03/20/2019||AMENDED NOTICE OF ORAL ARGUMENT SENT|
|23||03/20/2019||Rec'd 6 copies of AEB from Central Duplicating|
|24||03/27/2019||Rec'd noncompliant RYB; returned for revision (word limit)|
|26||04/02/2019||Rec'd 6 copies of RYB from Central Duplicating|
|27||04/08/2019||AMENDED NOTICE OF ORAL ARGUMENT SENT|