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PAIDAR v. HUGHES

No. C6-98-2192.

615 N.W.2d 276 (2000)

Peter R. PAIDAR, et al., Plaintiffs, v. Charles E. HUGHES, defendant and third-party plaintiff, Appellant, v. Guardian Title, Inc., et al., Third-Party Defendants, Fidelity National Title Insurance Company of New York, third-party defendant, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 1, 2000.

Attorney(s) appearing for the Case

Joseph B. Marshall, Marshall and Associates, P.A., Circle Pines, for appellant.

James A. Beitz, Micahel C. Hagerty, Hagerty, Johnson, Albrightson & Beitz, P.A., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

OPINION

LANCASTER, Justice.

This slander of title action comes to us on appeal from summary judgment in favor of respondent, Fidelity National Title Insurance Company of New York (Fidelity). The district court implicitly held that attorney fees cannot constitute special damages1 necessary to plead a slander of title action. The Minnesota Court of Appeals affirmed. See Paidar v....

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