The plaintiff brought a motion to compel the defendant to deliver an affidavit of documents, but abandoned it after the defendant delivered the materials.
The defendant sought costs of the abandoned motion under Rule 37.09(3).
The court found the plaintiff acted unreasonably by setting a deadline and bringing the motion while knowing defendant's counsel was on vacation.
However, the defendant failed to provide a Bill of Costs and unnecessarily ran up the plaintiff's costs after the abandonment.
The court awarded the defendant nominal costs of $500.
