Following a successful summary judgment motion for damages arising from an aborted real estate transaction, the plaintiff sought costs of $19,822.64.
The plaintiff had served an offer to settle that was less than the judgment obtained, triggering Rule 49.10(2).
The defendant requested an indulgence to reduce the costs to a partial indemnity scale due to recent health problems and reduced income.
The court declined to reduce the costs award, holding that any indulgence was for the plaintiff to grant, and awarded the costs as requested.
