Following an appeal decision where the appellant was substantially successful, an issue arose regarding the costs of the underlying motion before the Associate Judge.
The appellant sought $18,000 for the motion costs, arguing the issue was inadvertently omitted from the appeal decision.
The respondents argued the parties' agreement on appeal costs encompassed the motion costs.
The court found the agreement did not cover the motion costs and, applying Rule 59.06(1), amended the order to award the appellant $18,000 for the costs of the motion below.
