Following the dismissal of the plaintiff's action for delay, the defendants sought partial indemnity costs.
The self-represented plaintiff argued he was not liable for costs because he had accepted the defendants' offer to settle, which proposed a dismissal without costs.
The court found that the plaintiff attempted to accept the offer only after his request for an adjournment was denied at the motion hearing.
Applying Rule 49, the court held that the hearing had already commenced when the defendants' counsel first addressed the court, rendering the plaintiff's acceptance untimely.
The court awarded the defendants their requested costs of $15,881.04.