Schumacher v. Schumacher

North Dakota Supreme Court May 7, 1991

Schumacher v. Schumacher, 469 N.W.2d 801 (N.D. 1991)

1991 N.D. LEXIS 77; 1991 WL 70877

Erickstad, Gierke, Levine, Meschke, Walle

Opinion of the Court

GIERKE, Justice.

Dean and Sandra Schumacher appeal from that part of a judgment awarding attorney fees and costs of $36,600 in favor of the defendants and against Dean, Sandra, and their attorney. We reverse.

Today, in a companion appeal addressing the merits of the issues raised in this lawsuit, we reversed the judgment and remanded the case for a new trial on all issues. Schumacher v. Schumacher, 469 N.W.2d 793 (Civil No. 890180; May 7, 1991). In light of our disposition of that companion appeal we reverse the award of costs and attorney fees,

REVERSED.

ERICKSTAD, C.J., and VANDE WALLE, LEVINE and MESCHKE, JJ., concur.

Reference

Full Case Name: Dean O. SCHUMACHER, and and Sandra L. Schumacher v. Mary S. SCHUMACHER, as Personal Representative of the Estate of Robert O. Schumacher Roam's Rentals, a North Dakota General Partnership whose partners are Robert O. Schumacher and Mary S. Schumacher and Schumacher's of Fargo, Inc., a North Dakota corporation, and and Edmund G. Vinje II
Status: Published