Interiors by France v. Mitzel Contractors, Inc.

Jensen, Justice.

*134 [¶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 fees to a prevailing plaintiff following the defendant's removal of a small claims court case to the district court. We affirm.

I

[¶2] IBF initiated a small claims court proceeding on September 28, 2016 naming Mitzel Builders, Inc. ("MBI") and Leeroy Mitzel…