Lee v. Nickerson

BURDICK, Justice.

This appeal concerns the propriety of dismissing a counterclaim as a discovery sanction and the adequacy of an attorney fee award. We affirm the district court’s dismissal of the counterclaim and remand the ease to the district court on the issue of attorney fees.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellants Charles and Donna Nickerson (the Nickersons) hired Jay Lee d.b.a. Earth Construction to construct a level barn pad and to do some work on a pond on their property. In 2004 Lee filed suit against the Nickersons alleging the Nickersons did not pay him for his work on the…