Following a successful motion by the plaintiffs to remove the defendants' counsel for a conflict of interest, the court determined the costs of the motion.
The court declined to award costs against the removed counsel personally under Rule 57.07, finding it was a matter between the counsel and his former clients.
However, the court found that the plaintiffs' offer to settle was a valid Rule 49 offer that they had beaten, entitling them to partial indemnity costs up to the date of the offer and full indemnity costs thereafter.
The court fixed costs at $13,500, payable by the defendants.