Brett D. Moldaver

The plaintiffs, having succeeded in the action, sought costs.

They argued that their February offer to settle entitled them to elevated costs under Rule 49.

The court found that the offer contained no real compromise on the principal amount and that the fixed costs offer could not be evaluated as a compromise.

Consequently, the court awarded the plaintiffs their costs on a partial indemnity scale, fixed at $54,000 all-inclusive.

The plaintiffs, real estate brokers, sued the defendant for unpaid commission on a $17 million property purchase.

The parties disagreed on whether the defendant had orally accepted the plaintiffs' offer to reduce their commission from 1.5% to 0.75%.

On cross-motions for summary judgment, the court utilized its enhanced fact-finding powers, including hearing oral evidence, to assess credibility.

The court found the plaintiffs' evidence more reliable and consistent with the documentary record, concluding that the defendant had not accepted the reduced commission offer.

The plaintiffs were awarded judgment for the full commission amount of $288,150.

The plaintiffs brought a motion to enforce a prior order prohibiting the defendants from dealing with a property, arguing that the defendants' default on Minutes of Settlement allowed them to continue the action under Rule 49.09(b).

The plaintiffs also sought a contempt order.

The third-party purchasers of the property sought to intervene.

The court dismissed the motion to intervene, finding it would not make a useful contribution.

The court also dismissed the plaintiffs' motion, holding that Rule 49.09(b) does not apply to negotiated Minutes of Settlement, and that the prior prohibition order had been set aside and was no longer in effect.

The plaintiffs' remedy was to move for judgment on the settlement.

The moving party defendant in a receivership proceeding brought a motion to compel the receiver to comply with a final order and distribute the remaining funds.

The receiver sought directions to approve additional fees and disbursements that it had mistakenly omitted before the final order was entered.

The court held that the final order subsumed the initial receivership order and could not be amended under Rule 59.06(1) of the Rules of Civil Procedure, as the error was made by the receiver, not the court, and the facts were known before the order was entered.

The moving party's motion was granted, and the receiver's request for additional fees was denied.