ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Appellate Law Blogs -> Alabama Appellate Watch

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Appellate Law

: Alabama Appellate Watch

Lower Court Could Not Refuse to Tax Appellate Costs

ADVERTISEMENTS

The juvenile court could not refuse to order a losing appellee to pay the costs of appeal: The appellate court had ordered, and the governing rule mandated, that the appellee pay those costs when its original judgment was reversed. The Court of Civil Appeals directed the juvenile court to enter an order taxing the costs of appeal against the losing appellee. M.B. v. S.B., No. 2080464 (Ala. Civ. App. Aug. 7, 2009).

This custody modification suit was before the Court of Civil Appeals for a second time. In the previous appeal, the Court of Civil Appeals had reversed a custody modification, and taxed the costs of the appeal against the mother, as the losing appellee. When the case returned to the juvenile court, the appellants (the children's grandparents) moved to recover the costs of appeal, pursuant to the appellate court's mandate. The juvenile court denied that motion.

The Court of Civil Appeals ruled that this was error. The juvenile court had no discretion to deny the grandparents the costs of appeal. Rule 35(a) of the Alabama Rules of Appellate Procedure states that 'if a judgment is reversed, costs shall be taxed against the appellee unless otherwise ordered . . . .' Echoing this rule, the Alabama Supreme Court has held:

[A] judgment of [the appellate] Court, ordering a party to pay the cost of appeal, is final . . . . Thus, unless [the appellate] Court orders otherwise, when a judgment is reversed, costs shall be taxed against the appellee.

The juvenile court had no discretion to deny the costs that the appellate court had ordered taxed against the appellee. The Court of Civil Appeals remanded the case to the juvenile court, with a direction to enter an order taxing costs of the first appeal against the appellee mother.

 

Full post as published by Alabama Appellate Watch on August 17, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0021 secs (from cache 10/31/26 21:27:37)