Diefenthaler v. Diefenthaler

This matter is before the court on the motion of appellant, Nadia K. Diefenthaler, requesting that this court assess as an appellate cost the expense of preparing the transcript of the lower court proceedings.

Under App. R. 24, an appellate court is directed to assess costs upon final disposition of the case. That section does not, however, define what expenses constitute “costs.” We hold that “costs” encompasses only court costs and not the expenses of litigation for the following reasons: First, the legislature previously enacted a statute which provided that the costs of preparing a…