Albritton v. Prudential Insurance

James R. Cooper, Judge.

This is an appeal from the portion of an order of dismissal which taxed costs of a jury against appellant. The case had been set for trial June 27, 1980, and on that morning, before the jury was seated, the parties settled the lawsuit. Affidavits have been filed here verifying that the trial court, when advised that the matter had been settled, informed counsel that the parties would have to pay the costs of the jury. The parties then apparently agreed that if any costs had to be paid, appellant would pay them.

An order was entered which provided:... the Court directed…