Entzel v. Moritz Sport and Marine

KAPSNER, Justice.

[¶ 1] Laura Jean Entzel appeals a district court opinion awarding her a partial refund of her prepaid rental fee and a district court order denying her request for attorney fees. We reverse the district court judgment’s award of a refund to Entzel, because we hold the force majeure clause of the parties’ contract relieved Moritz Sport and Marine (“Moritz”) of liability for nonperformance and allocated the risk of loss to Entzel. We affirm the district court judgment’s denial of Entzel’s request for attorney fees, concluding Ent-zel was not a prevailing plaintiff in this case.

I