The self-represented plaintiff succeeded in a construction lien action, recovering $8,277.97 after claiming over $67,000.
The defendants, who failed on their $112,000 counterclaim, argued the plaintiff should be denied costs because the recovery fell within the Small Claims Court jurisdiction and because of an unaccepted offer to settle.
The court held that the Small Claims Court lacks jurisdiction over lien actions, making Rule 57.05(1) inapplicable.
The court awarded the plaintiff $9,000 in partial indemnity costs, reducing the amount due to his failure to engage in reasonable settlement negotiations.