Klapmeier vs. Cirrus Industries, Inc.Annotate this Case
The court of appeals reversed the jury verdict for Appellant and awarded Respondent’s request to tax costs and disbursements for the appeal. Most of the award was for the interest that Respondent incurred on a loan that it obtained to enable it to post a supersedes bond, which was used to secure the judgment on the jury’s verdict during the appeal. Appellant sought review of the court of appeals’ taxation decision, arguing that the interest was not taxable on appeal. The Supreme Court granted a writ of prohibition and reversed the court of appeals’ decision to allow taxation of borrowing costs, holding that Minn. R. Civ. App. P. 139 does not permit the taxation of borrowing costs under the circumstances of this case.