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INVESTORS TITLE INS. CO. v. HERZIG

Nos. 20130049, 20130050.

833 N.W.2d 527 (2013)

2013 ND 133

INVESTORS TITLE INSURANCE COMPANY, Plaintiff v. David F. HERZIG, Southeastern Shelter Corporation, Alphild Herzig, Defendants. Southeastern Shelter corporation, Plaintiff and Appellant v. Sheldon Smith, Personal Representative of the Estate of Alphild Herzig, substituted for Alphild Herzig, Deceased, Defendant and Appellee.

Supreme Court of North Dakota.

July 18, 2013.

Attorney(s) appearing for the Case

Robert S. Rau , Minot, N.D., for plaintiff and appellant.

Daniel H. Oster , Bismarck, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Southeastern Shelter Corporation appeals from a district court order entered after remand, holding daily monetary sanctions imposed on Alphild Herzig under 2006 contempt orders abated upon her death. On remand, the court held that only the $5,000 awarded for attorney's fees in its June 2006 order was to compensate Southeastern and survived Alphild Herzig's death and, further, that none of the daily sanctions imposed in its July 2006 order...

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