The defendants sought to have costs fixed on a full indemnity basis following the discharge of the plaintiff’s construction lien claim and dismissal of the action due to the plaintiff’s failure to comply with court orders.
The defendants later abandoned their counterclaim and submitted a costs outline seeking half of their alleged full indemnity costs.
The court held that the defendants failed to comply with Rule 57.01(5) of the Rules of Civil Procedure by not delivering a proper bill of costs supported by dockets.
The court also found no evidentiary basis to award costs on a full or substantial indemnity basis.
Costs were therefore fixed on a partial indemnity basis in a reduced amount.
