Foreman v. Montgomery

KNOLL, Judge.

J. Boring Montgomery, Jr., Executor of the Estate of J. Boring Montgomery, and Michael Montgomery (hereafter Montgomery), appeal an adverse judgment casting them for costs of a jury trial. The final judgment on the merits did not assess costs and provided that costs would be taxed upon motion. Ronald Foreman (hereafter Foreman) initiated a rule to cast Montgomery with costs. After a contradictory hearing the trial court cast Montgomery with all costs totaling $9,270.72. Montgomery appeals contending the court erred in: (1) casting all costs against Montgomery; (2) disallowing…