Landreth v. Gan

CROW, Judge.

Appellants complain the trial court erred in taxing costs. We agree.

Appellants sued respondents in ejectment September 15, 1978. Respondents counterclaimed. On October 15, 1980, the trial court allowed appellants to file an amended petition, and taxed all costs to that date against appellants.1 Jury trial began January 13, 1981, but the court granted respondents’ motion for mistrial because of “misconduct” by appellants’ attorney, and ordered “costs to date” taxed to appellants.2

On September 17,1981, the parties filed a written stipulation that the expense of a survey —…