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JCW Electronics10/13/2005
r these rules." TEX. R. CIV. P. 141. However, "the power to tax costs for good cause shown, does not include the power to tax, as costs, items which are not normally allowed." Whitley v. King, 581 S.W.2d 541, 545 (Tex. Civ. App.-Fort Worth 1979, no writ).
The civil practice and remedies code provides that in awarding costs a court may include "fees of the clerk and services fees due the county," and "fees of the court reporter for the original of stenographic transcripts necessarily obtained for use in the suit." TEX. CIV. PRAC. & REM. CODE ANN. ยง 31.007(b)(1)-(2) (Vernon 1997). Therefore, costs awarded in the amounts of $178.00 and $937.88 for filing fees and fees of service, respectively, are appropriate, as are fees of the court reporter in the amount of $13,199.15. See id. In addition, under rule 173.6, guardian ad litem fees in the amount of $25,000 were properly taxed as costs of court. TEX. R. CIV. P. 173.6(c) ("The court may tax a guardian ad litem's compensation as costs of court.").
Appellees' Bill of Costs shows charges of $3,175.47 for " xpert witness travel and per diem expenses, excluding compensation for preparation and testifying." However, "regardless of any good cause shown, costs of experts are incidental expenses in preparation for trial and not recoverable." Richards v. Mena, 907 S.W.2d 566, 571 (Tex. App.-Corpus Christi 1995, writ dism'd) (citing Whitley, 581 S.W.2d at 544). We conclude it was an abuse of discretion for the trial court to award costs for expert witness travel and per diem expenses.
The Bill of Costs also shows charges of $2,064.75 for "photocopying document necessary for the successful prosecution of this matter." Rule 140 provides that "no fee for a copy of a paper not required by law or these rules to be copied shall be taxed in the bill of costs." TEX. R. CIV. P. 140. Documents that appellees consider necessary for prosecution of a case do not equate with documents required by law. Because there was no showing that the photocopies were required by law, it was also an abuse of discretion for the trial court to tax these costs against JCW.
JCW's eighth issue is sustained in part. The trial court's award of costs is modified to eliminate the costs taxed against JCW for expert witness travel and per diem expenses, and photocopies not required by law.
In view of our disposition of these issues, it is not necessary to address JCW's remaining issues. See TEX. R. APP. P. 47.1.
We reverse the trial court's (1) award of attorneys' fees, (2) award of costs in the amount of $3,175.47 for expert witness travel and per diem expenses, and (3) award of costs in the amount of $2,064.75 for photocopying. We modify the judgment of the trial court to reflect that it is being rendered in favor of appellees for their breach of implied warranty of fitness for a particular purpose cause of action. We also modify the judgment of the trial court to reflect the award of costs in the proper amount of $14,315.03. As modified, the judgment of the trial court is affirmed.
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