INTERIORS BY FRANCE v. MITZEL CONTRACTORS

No. 20180399.

930 N.W.2d 133 (2019)

2019 ND 158

INTERIORS BY FRANCE, Plaintiff and Appellant v. MITZEL CONTRACTORS, INC., d/b/a Mitzel Homes, Mitzel Builders, Inc., Leeroy Mitzel, an individual, Defendants and Appellees and Eddy Mitzel, an individual, Defendant.

Supreme Court of North Dakota.

Filed June 27, 2019.


Attorney(s) appearing for the Case

Andrew L. Askew , Bismarck, ND, for plaintiff and appellant.

Tyler J. Siewert (argued), Meggi Ihland (appeared), and David D. Schweigert (on brief), Bismarck, ND, for defendants and appellees Mitzel Contractors, Inc., d/b/a Mitzel Homes, Mitzel Builders, Inc., and Leeroy Mitzel.


[¶1] Interiors by France ("IBF") appeals from a district court judgment limiting IBF to a recovery of damages from Mitzel Contractors, Inc. ("MCI") without an award of attorney fees. IBF contends it was entitled to a recovery of attorney fees under N.D.C.C. § 27-08.1-04, which provides for the mandatory recovery of attorney...

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