Henry v. Cook

OPINION

LANKFORD, Judge.

The question presented by an application for costs is whether partially successful appellants are entitled to an award of costs on appeal.

In this case, the extent of appellants’ success on appeal was as follows. Appellants, as plaintiffs, filed a complaint which asserted eight claims. Some — but not all — of these claims arose out of the same transaction or occurrence. The trial court dismissed all of the claims. On appeal, we reversed the dismissal of two of the claims and affirmed the remainder.

In sum, appellants clearly improved their position on appeal: They are now…