Midway Lumber, Inc. v. Redman

HATHAWAY, Judge.

Appellant, the plaintiff in garnishment proceedings below, has appealed from a judgment in favor of the appellee, garnishee below. Appellee has filed a notice of appeal from the portion of the judgment requiring “that each party bear his own costs and attorney fees,” claiming that, as the prevailing party, he should have been awarded costs. ■ ■

Appellant has filed a motion to dismiss the cross appeal on several stated grounds, only one of which need be considered by this court for purposes of ruling on the motion, to wit, appellee’s failure to file a bond for costs on appeal.…