Garrett v. Whatley
Garrett v. Whatley
Opinion
Susan J. Garrett and Cathy J. Johnston appeal from an order taxing certain costs against them and in favor of Willene J. Whatley. We reverse.
Garrett and Johnston sued Whatley, seeking an accounting and other relief. After trial, the trial court entered a judgment in favor of Whatley, but did not award costs to either party. Whatley then moved to tax certain costs against Garrett and Johnston, including her accountant's fees of $2,640, her copying costs of $200, and her overnight courier costs of $21.75. Garrett and Johnson opposed this motion, contending, among other things, that the items Whatley claimed were not properly allowed as costs. Whatley later amended her motion to seek the $150 fee of her real estate appraiser. After taking the motion under advisement, the trial court granted this motion in part, awarding $2,371.75 in costs to Whatley. Garrett and Johnston filed a motion to vacate, alter, or amend, again challenging the propriety of the cost items; upon the trial court's denial of this motion, they appealed.
We note that taxation of costs under Rule 54(d), Ala.R.Civ.P., rests in the discretion of the trial judge, whose decision will not be reversed unless a clear abuse of discretion is shown. Vulcan Oil Co. v. Gorman,
On appeal, Garrett and Johnston claim that the trial court abused its discretion by awarding fees for Whatley's expert witnesses. While the trial court did not itemize its award of costs, we readily discern that its cost award is based at least in part upon the accountant's fees and possibly the appraiser's fee, because the aggregate amount of the other items set forth in Whatley's amended cost motion is a mere $221.75. The award of costs exceeding that amount must necessarily represent compensation for the fees of her experts.
In Cooper v. Cooper,
We have been directed to no statute that would support the award of any portion of the accountant's fees and the appraiser's fee in this action. Accordingly, on the authority of Davis, Cooper, and Hartley, we must conclude that the trial court abused its discretion in this case. Therefore, we reverse the trial court's award of costs and remand the cause for entry of an order disallowing these items.
REVERSED AND REMANDED.
YATES, MONROE, CRAWLEY, and THOMPSON, JJ., concur.
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Reference
- Full Case Name
- Susan J. Garrett and Cathy J. Johnston v. Willene J. Whatley.
- Cited By
- 9 cases
- Status
- Published