STATE OF MINNESOTA
IN SUPREME COURT
Kenneth L. Kellar, et al.,
John E. Von Holtum, et al,
Grand Marais State Bank, et al.,
O R D E R
This court, having considered en banc the petition for rehearing in the above entitled case,
IT IS HEREBY ORDERED:
However, he did not raise this issue in his conditional petition for review.
That paragraph shall now read as follows:
Von Holtum and Grand Marais sought review, and Kellar filed a conditional cross-petition for review. The issues raised by the parties on appeal are: (1) whether the trial court had jurisdiction to award costs and disbursements or attorney fee sanctions after completion of the appeal on the merits; (2) whether appellants provided adequate notice to support imposition of sanctions; and (3) whether the trial court abused its discretion in awarding costs and disbursements. Appellants argue that Kellar was put on fair notice by the February 1996 motion and various subsequent court orders. Kellar asserts in his brief that the trial court abused its discretion in the amount of attorney fees awarded.
Dated: February 29, 2000
BY THE COURT:
/s/Joan E. Lancaster