ELSENPETER v. ST. MICHAEL MALL, INC.

No. A10-875.

794 N.W.2d 667 (2011)

Michael ELSENPETER d/b/a A & M Liquor Store, Respondent, v. ST. MICHAEL MALL, INC., Appellant.

Court of Appeals of Minnesota.

March 1, 2011.


Attorney(s) appearing for the Case

Robert S. Halagan , Halagan Law Firm Ltd., Buffalo, MN, for respondent.

Justin L. Seurer , Seurer Law LLC, Minnetonka, MN, for appellant.

Considered and decided by SCHELLHAS, Presiding Judge; HUDSON, Judge; and ROSS, Judge.


OPINION

SCHELLHAS, Judge.

Appellant challenges the district court's award of attorney fees and costs to respondent, arguing that the district court erred by (1) compelling arbitration of the parties' lease dispute and (2) determining that respondent was entitled to an award of fees and costs as a prevailing party because he succeeded in obtaining an order compelling arbitration, even though he did not succeed on the merits in the underlying action. Because...

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