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Craven v. Carter11/13/2002
, Olivier v. Sears Roebuck & Co., 499 So.2d 1058 (La.App. 3 Cir.1986); writ denied, 501 So.2d 198 (La. 1986).
Plaintiff also asserts the trial court erred in ordering each party to bear their own costs. LSA-C.C.P. art. 1920 provides that:
Unless the judgment provides otherwise, costs shall be paid by the party cast, and may be taxed by a rule to show cause.
Except as otherwise provided by law, the court may render judgment for costs, or any part thereof, against any party, as it may consider equitable.
This article sets guidelines for the assessment of costs, while providing the trial court with some discretion. In support of this position, plaintiff cites Penton v. Schuster, 98-1068 (La.App. 5 Cir. 3/30/99), 732 So.2d 597 in which this court explained:
The prevailing party is not taxed with costs unless in some way he incurred additional costs pointlessly or engaged in other conduct which justified an assessment of costs against that litigant. That rule denies to a trial judge the power either to refuse to award his or her own costs to a prevailing party or to assess another party's costs against a prevailing party unless some circumstances present in the case justify doing so. On review, a trial judge's assessment of court costs can be reversed by this court only on a showing of abuse of discretion. (citations omitted) 732 So.2d at 602, 603.
Using that standard, we find that the trial court erred in taxing costs to both parties. Although the judgment of the trial court did not grant all the relief that plaintiff prayed for in her petition, the defendant was cast in judgment for liability and for damages. Further, the prevailing party did nothing to "incur additional costs pointlessly or engaged in other conduct which justified an assessment of costs against that litigant."
Accordingly, that portion of the judgment which taxes costs to the plaintiff, is reversed and all costs are assessed against defendant, including costs of this appeal. In all other respects, the verdict of the trial court is affirmed.
REVERSED IN PART; AFFIRMED IN PART
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