Carmichael v. Higginson

Opinion. CHRISTIANSEN, Judge:

¶ 1 Kraig T. Higginson and Mark Burdge appeal the district court’s grant of summary judgment in favor of Jacquelynn D, Carmichael and Megan M. Moss (the Morton Estate). We affirm and remand to the district court for the limited purpose of calculating reasonable attorney fees incurred on appeal.

BACKGROUND

¶2 Higginson was friends with James Morton for several years. In early 2006, Higginson, who was then the CEO of Raser Technologies, Inc., found himself in personal financial trouble and asked Morton for help. On January 24, 2006, Morton sent instructions to his…