Stearman v. Intergraph Corp.

DANAHY, Acting Chief Judge.

The appellants challenge an order denying their motion to tax costs incurred in a prior appeal in this case and denying their motion for an award of attorney’s fees as a sanction against the appellee for failure to obey a discovery order, a failure which was discovered by the appellants during the pendency of the prior appeal. We reverse.

This case began as a suit by the appellants (Stearman) against the appellee (In-tergraph) for committing fraud in the sale of a certain architectural computer system to Stearman. Stearman prevailed at trial and the trial judge…