Michlitsch v. Meyer

MILLER, Chief Justice.

[¶ 1.] This is an appeal from the trial court’s denial of Meyer’s application for costs, disbursements, and attorney fees. We affirm in part and reverse and remand in part.

FACTS

[¶ 2.] The underlying litigation involving these parties stems from a July 29, 1993 confrontation between Calvin Michlitsch and Michael Meyer at the American Legion Club in Webster, South Dakota. The parties’ stories conflict as to what transpired at the Club. Michlitsch claims that Meyer severely beat him, while Meyer *733claims that Michlitsch tripped and fell while following him.

[¶ 3.] As a result…