In a contentious estates proceeding, the court determined costs following an earlier dismissal of the moving party's request for payout of sale proceeds held in trust.
Both sides sought partial indemnity costs and each claimed success, but the court found divided success and held that neither side was completely successful.
Applying Rule 57.01 principles, the court found the amounts sought were excessive in light of proportionality and mixed results.
The court also found litigation conduct by both sides increased costs, while assigning primary responsibility for failing to add the estate party to the estate trustee.
Costs were fixed at $5,000 payable by one responding party to the moving party.
