Interiors by France v. Mitzel Contractors, Inc., et al.

Docket No. 20180399
Oral Argument: Wednesday, April 24, 2019 1:30 PM

Docket Info

Title
Interiors by France, Plaintiff and Appellant
v.
Mitzel Contractors, Inc., d/b/a Mitzel Homes,
Mitzel Builders, Inc., Leeroy Mitzel, an
individual, Defendants and Appellees
and
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

  • Appellant

    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).

  • Appellee 1

    Whether the District Court correctly determined legislative intent by construing the unambiguous language in N.D.C.C. § 27-08.1-04.


Summary

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.


Briefs

Filing Date Description
02/11/2019 APPELLANT BRIEF View
03/13/2019 APPELLEE BRIEF View
04/01/2019 REPLY BRIEF View

Counsel

Party Type Name
APPELLANT PRIVATE PRACTICE Andrew Louis Askew - 07706
APPELLEE PRIVATE PRACTICE Tyler Johnson Siewert - 06910
APPELLEE PRIVATE PRACTICE David Del Schweigert - 05123

(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
10 02/11/2019 E-FILED MOTION
11 02/11/2019 ACTION BY ACTING CHIEF JUSTICE CROTHERS (GRANTED IN PART, 1,000 WORDS) - Granted
12 02/11/2019 APPELLANT BRIEF View
13 02/11/2019 E-FILED BRIEF (PDF)
14 02/11/2019 APPELLANT APPENDIX
15 02/11/2019 E-FILED APPENDIX
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
19 03/13/2019 APPELLEE BRIEF View
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)
25 04/01/2019 REPLY BRIEF View
26 04/02/2019 Rec'd 6 copies of RYB from Central Duplicating
27 04/08/2019 AMENDED NOTICE OF ORAL ARGUMENT SENT