Alpine Haven Property Owners' Association, Inc. v. Harry Brewin and Lynette Brewin
Alpine Haven Property Owners' Association, Inc. v. Harry Brewin and Lynette Brewin
Opinion
ENTRY ORDER
¶ 1. On August 17, 2018, this Court issued judgment in this appeal, reversing and remanding to the trial court. Shortly thereafter, appellees' attorney moved to withdraw and appellees moved for an extension of time to file a motion to reargue. This Court granted the withdrawal and the extension of time, and on September 28, 2018, appellees filed a motion to reargue. This motion was denied on October 9, 2018.
¶ 2. On October 22, 2018, appellant filed a motion for costs. In the motion, appellant alleged that the motion to reargue stayed the August 17, 2018 judgment until October 9, 2018, when reargument was denied.
¶ 3. "A party who seeks costs must-within 14 days after entry of judgment-file with the clerk, with proof of service, an itemized and verified bill of costs." V.R.A.P. 39(d)(1). The time may be extended for "good cause." V.R.A.P. 26(b) (allowing most appellate time periods to be extended for "good cause"); see
Mollura v. Miller
,
¶ 4. The motion for costs is denied as untimely filed. Judgment was entered on August 17, 2018, and appellant's motion was filed well after the fourteen-day period expired. Appellant's sole basis for the late filing is its assertion that the time for requesting costs was tolled by appellees' motion to reargue. The language of the
rules does not support this construction. Although the rules explicitly provide that the mandate is stayed by the filing of a motion to reargue, V.R.A.P. 41(c)(1), there is no comparable language pertaining to the time for filing a motion for costs. Federal cases interpreting an analogous federal rule have concluded that a petition for rehearing does not toll the time for filing for costs. See
Laffey v. Nw. Airlines, Inc.
,
Reference
- Full Case Name
- ALPINE HAVEN PROPERTY OWNERS' ASSOCIATION, INC. v. Harry BREWIN and Lynette Brewin
- Status
- Published