Bonaparte v. Neff

SWANSTROM, Judge.

Isaac Bonaparte appeals from two judgments granting costs and attorney fees in favor of Steve and Rickie Neff and Dennis and Carol Ulery. This Court vacates both awards and remands the case for further proceedings.

Bonaparte filed an action to quiet his alleged title to a roadway easement across property owned by the Neffs. The Neffs answered Bonaparte’s complaint and in turn filed a third-party complaint against the Ulerys, from whom the Neffs had purchased their property. The action went to trial before District Judge John Maynard. At the close of Bonaparte’s case, the Neffs…