Spriggs Enterprises, Inc. v. Purcell Co.

ALMON, Justice.

Petitioners Purcell and Lake Forest obtained a reversal of judgments against them in Purcell Company, Inc., v. Spriggs Enterprises, Inc., 431 So.2d 515 (Ala.1983), in which this Court rendered judgment for Purcell and Lake Forest and ordered costs taxed against appellees. Purcell and Lake Forest petitioned the trial court to include the premiums of their supersedeas bonds as costs. Upon the denial of that petition, Purcell and Lake Forest filed this petition for writ of mandamus ordering the trial court to include the premiums as costs.

Rule 35, A.R.A.P., includes the provision…