Rolin Manufacturing, Inc. v. Mosbrucker

MESCHKE, Justice.

[¶ 1] Rolin Manufacturing Inc. appealed an amended judgment awarding Bank Center First costs and attorney fees for Rolin’s previous appeal. We hold the trial court did not have authority to decide Rolin’s previous appeal was frivolous, and we reverse the award of costs and attorney fees.

[¶ 2] In our prior opinion in Rolin Mfg., Inc. v. Mosbrucker, 544 N.W.2d 132 (N.D.1996), we reversed and remanded a judgment dismissing Rolin’s complaint against Mos-brueker, holding it stated claims for deceit and for the unpaid value of goods and services provided. We affirmed a dismissal of…