Schwartz v. Schwartz

Morris Schwartz appeals from an order taxing costs arising from a prior appeal (2d Civil No. 27797 certified for nonpublication). By its order the trial court allowed two-thirds and disallowed one-third of Morris ’ recoverable appellate costs. It also disallowed his costs incurred in connection with his petition for hearing in the Supreme Court, which was denied. He contends that these latter costs should have been allowed and there should have been no apportionment made as to those items that were allowed.

A brief history of the prior proceedings in this matter is necessary to an…