How to Cost
March 30, 2026
SL Nabors Commercial/Residential Roofing, Ltd. v. Allen, discussed yesterday, also involved a minor but technically important issue about the treatement of costs in a judgment: “Although the trial court determines whether a party is the ‘successful’ party and entitled to costs, the taxing or tabulation of costs is determined by the clerk, not the court.” Accordingly, a judgment should tax costs against a side, but not award a specific amount of costs, and the Fifth Court deleted a sentence from the judgment under review that did award a specific cost amount. No. 05-24-00854-CV, Mar. 26, 2026.