The moving party sought summary judgment and additional costs after the responding party accepted a Rule 49 offer to settle for $50,000 stated to include all damages, costs, and interest to date.
The moving party argued that because the offer was silent on costs after the offer date, Rule 49.07(5)(b) entitled it to further costs incurred after the offer.
The court held that the wording of the offer explicitly included costs within the $50,000 amount and therefore disposed of the issue of costs.
As a result, no additional costs beyond the settlement sum were recoverable.
Costs of the motion were instead awarded to the responding party.
