Candee v. Candee

Crothers, Justice.

*424[¶1] Keith Candee appeals from an order entered on remand denying his motion for contractual attorney fees and costs. Because the parties' settlement agreement and mutual release of claims is not "evidence of debt" under N.D.C.C. § 28-26-04, the district court misapplied the law in holding the parties' contractual provision providing for attorney fees was against public policy and void. The court abused its discretion in its decision denying his motion for attorney fees and we reverse and remand for further proceedings.

I

[¶2] This appeal involves the continued litigation…