Tillich v. Bruce

Kapsner, Justice.

[¶ 1] Don Bruce, Vinier Davis, and Linda Davis (“Defendants”) appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court’s denial of the Defendants’ request for attorney fees under N.D.C.C. § 28-26-01(2) and remand for calculation of attorney fees based upon accepted factors and order the district court award attorney fees to the Defendants.

I

[¶2] On January 5, 2015, Joni Tillich, Nicole LaFloe, Shawn Marcellais, Lisa De-Coteau, and Lynn Boughey (“Plaintiffs”) filed an action in district court against the…