ROLIN MFG., INC. v. MOSBRUCKER

Civil No. 970055.

566 N.W.2d 819 (1997)

1997 ND 139

ROLIN MANUFACTURING, INC., Plaintiff and Appellant, v. Jim MOSBRUCKER, Defendant, and Bank Center First, Defendant and Appellee.

Supreme Court of North Dakota.

July 17, 1997.


Attorney(s) appearing for the Case

John J. Gosbee (argued), of Gosbee Law Firm, Mandan, for plaintiff and appellant.

Albert Wolf (argued), of Wheeler Wolf, Bismarck, for defendant and appellee.


MESCHKE, Justice.

[¶ 1] Rolin Manufacturing Inc. appealed an amended judgment awarding Bank Center First costs and attorney fees for Rolin's previous appeal. We hold the trial court did not have authority to decide Rolin's previous appeal was frivolous, and we reverse the award of costs and attorney fees.

[¶ 2] In our prior opinion in Rolin Mfg., Inc. v. Mosbrucker, 544 N.W.2d 132 (N.D. 1996), we reversed...

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