Following the dismissal of the defendant's motion to discharge a certificate of pending litigation, the plaintiffs sought substantial indemnity costs based on unaccepted offers to settle.
The court found that Rule 49.10(2) did not entitle the plaintiffs to substantial indemnity costs because they were the responding parties on the motion, and the motion was dismissed.
However, exercising its discretion under Rule 49.13, the court awarded the plaintiffs partial indemnity costs, increased to $3,500 to recognize their efforts to resolve the matter.
