Bad Fences Make Bad Neighbors
July 15, 2014In this dispute between neighbors over a poorly placed fence, the victorious neighbors appealed the trial court’s decision denying them their court costs. The case had already been up to the Court of Appeals once before, where the Court reversed the trial court and remanded the case “for entry of judgment consistent with our opinion and for consideration of the [successful neighbors’] request for attorney’s fees.” On remand, the trial court refused to award court costs because the mandate from the Court of Appeals only referenced attorneys’ fees and made no mention of court costs.
The Court of Appeals again reversed the trial court, holding that the prevailing neighbors were entitled to recover their trial court costs pursuant to Rule 131 of the rules of civil procedure. Although court costs were not specifically mentioned in the Court’s previous mandate, “the trial court retains its constitutional jurisdiction to perform duties collateral to and consistent with” that mandate.
