Following a successful appeal, the court determined the costs of the proceedings below.
The defendants had made an offer to settle for $35,000, which the plaintiffs did not accept.
Because the plaintiffs ultimately recovered less than the offered amount, Rule 49.10(2) applied.
The plaintiffs were awarded partial indemnity costs up to the date of the offer, fixed at $15,000, and the defendants were awarded partial indemnity costs thereafter, fixed at $30,000.
