Walmart Store, Inc. v. Rogers

VANCE, Justice.

On Motion for Rehearing

Our former opinion of June 19, 1984, is withdrawn, and the following is now our opinion. .

This is an appeal from a judgment of the trial court assessing one-half of the total guardian ad litem fees, amounting to $16,-161.50, incurred on behalf of the minor plaintiff, Stephanie Rogers, to the defendant-appellant, Walmart Store, Inc. and Baby Togs, Inc. (Walmart). Although Wal-mart successfully defended the lawsuit, the trial judge charged it with one-half the guardian ad litem fees due to Walmart’s prolonging of the testimony and presentation of evidence…