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KELLAR v. VON HOLTUM

No. CX-98-283.

605 N.W.2d 696 (2000)

Kenneth L. KELLAR, et al., Respondents, v. John E. VON HOLTUM, et al., Appellants, Grand Marais State Bank, et al., Appellants.

Supreme Court of Minnesota.

As Amended on Denial of Rehearing February 29, 2000.

Attorney(s) appearing for the Case

Thomas R. Thibodeau, Joseph J. Roby, Jermone D. Feriancek, Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, for appellants Grand Marais State Bank and VH Bancorporation.

Martha A. Peterson, Gregory J. Bien, Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., Topeka, KS, Michael Berens, Kelly & Berens, P.A., Minneapolis, for appellants Von Holtum and La Vigne.

Richard A. Saliterman, Floyd E. Siefferman, Jr., Saliterman & Sieferman, P.C., Minneapolis, for respondents.

Heard, considered, and decided by the court en banc.

OPINION

LANCASTER, Justice.

This appeal involves several questions relating to awards of attorney fees and costs and disbursements in civil litigation. We first address whether the trial court retained jurisdiction to consider awards of costs and disbursements and imposition of attorney fee sanctions after the conclusion of the appellate process. Next, we look to whether the appellants gave adequate notice of their intention to seek sanctions under Minn...

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