Atain Speciality Insurance Co. v. Premier Performance Marine, LLC

| premier Performance Marine, L.L.C. appeals a judgment in favor of Bourg Insurance Agency, Inc., taxing Premier with costs in the amount of $1,457.78. Given the disposition of a related appeal, we find the judgment taxing costs to be premature, vacate the judgment, and remand for further proceedings.

The trial court taxed costs in response to a motion filed by Bourg and in conjunction with a prior judgment that sustained Bourg’s exception of peremption and dismissed Premier’s claims against Bourg, with prejudice and at Premier’s cost. Where a final judgment casts one party with the payment of…