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Law Offices of Robert M. Becnel v. Ancale9/30/2002
om this ruling, and that holding is now final. We decline to disturb the ruling in that case.
As to the costs in the trial court, the judgment specifically provided that each party is responsible for its own costs. The cases cited by appellant where the trial court judgment was silent as to costs are not applicable herein.
Generally, a 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. Laughlin v. Breaux, 515 So.2d 480, 485 (La.App. 1st Cir.1987). 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. Muller Elec. Corp. v. E.I. Dupont De Nemours & Co., Inc., 450 So.2d 746, 749 (La. App. 5th Cir.1984).
On review, a trial judge's assessment of court costs can be reversed by this court only on a showing of abuse of discretion. Ratcliff v. Mandeville, 551 So.2d 761 (La.App. 1st Cir.1989), writ denied, 556 So.2d 37 (La.1990). The record before us reveals no abuse of discretion in the trial court's assessment of costs, and we will therefore not disturb her ruling. See, Brown v. General Motors Corp., 95-245 (La. App. 5 Cir. 1995), 662 So.2d 531, writ denied, 95-3034 (La. 2/16/96), 667 So.2d 1055.
Conclusion
Accordingly, for the reasons assigned herein, the judgment of the trial court is affirmed. Appellant is to bear all costs of this appeal.
AFFIRMED
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