The Statutory Third Party sought costs thrown away after a trial was adjourned due to the late delivery of expert reports.
The court found that both parties failed to agree to a schedule for expert reports as required by Rule 53.03(2.2) of the Rules of Civil Procedure.
However, the plaintiff's late delivery of reports ultimately necessitated the adjournment.
The court ordered the plaintiff to pay $2,900 in costs thrown away to the Statutory Third Party.