(concurring in part and dissenting in part).
I agree with the court’s conclusion that Von Holtum gave Kellar adequate notice by its February 1996 motion. However, I disagree with the court’s conclusion that Kellar did not receive adequate notice of Grand Marais’ intention to seek attorney fees as a sanction. On the facts presented by the record before us, I can only conclude that Kellar received fair notice of the possibility that Grand Marais would seek sanctions based on Kellar’s pursuit of this litigation in bad faith. Von Holtum and Grand Marais’ February 1996 motions for sanctions, pursuant to Minn.Stat. § 549.21 (1996), Minn. R. Civ. P. 11, and Minn. R. Civ. P. 37.02, provided that notice. Obviously, Kellar was not deterred in his pursuit of the litigation. Kellar’s response was to vigorously oppose both motions. Even after the district court dismissed his defamation claims, Kellar continued to aggressively pursue his abuse of process and malicious prosecution claims.
Because Kellar had adequate notice as required by Uselman v. Uselman, 464 N.W.2d 130, 143 (Minn.1990), the district *704court’s award of attorney fees to Grand Marais as a sanction was not error.