130 So. 3d 56
La. Ct. App.2013Background
- Martin sued St. Bernard Parish Government, Lynn Dean (in official and individual capacities), alleging employment discrimination and torts; Dean moved for summary judgment.
- After an October 21, 2011 summary-judgment hearing, the trial court ordered simultaneous post-hearing briefing and later granted summary judgment for Dean.
- Dean moved to tax costs and for attorney’s fees; at a November 30, 2012 hearing the court limited the inquiry to legitimacy of costs (not quantum).
- The trial court taxed Martin $1,997.37 in costs (clerk fees, a $615 transcript of the Oct. 21 hearing, copy charges, and $5.90 for newspaper copies) and denied Dean’s claim for attorney’s fees.
- Martin appealed, arguing errors in taxing the transcript cost, alleged duplicative costs, costs for Dean’s unsuccessful exception, clerical-error charges, and other miscellaneous costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Taxability of $615 transcript | Transcript was not "used on the trial" and therefore not taxable under R.S. 13:4533 | Transcript was necessary to prepare post-hearing briefing and defend against Martin’s new theory | Transcript cost taxable; court found transcript "used on the trial" given factual circumstances |
| Sufficiency of evidence for transcript cost | Dean failed to provide adequate, itemized proof and affidavit to support transcript charge | Dean submitted an itemized cost summary and a sworn affidavit supporting the claimed costs | Proof was adequate; cost summary + sworn affidavit satisfied evidentiary and itemization requirements |
| Alleged duplication of costs (prior $280 sanction) | $280 sanction for missed deposition was included again in taxed costs (double taxation) | No record evidence shows duplication; appellant bears burden to show error | No duplication shown in record; issue not proved on appeal |
| Costs related to Dean’s unsuccessful Exception of No Cause of Action | Costs for pursuing exception should not be taxed against Martin since exception failed | General rule: party cast by judgment bears costs; trial court may allocate by equity | Trial court did not abuse discretion; awarding those costs to prevailing defendant was permissible |
| Charges attributable to clerk clerical errors (service on withdrawn counsel) | Clerk incurred invalid process fees for attorneys who had withdrawn; Martin should not bear those costs | Issue was not raised at hearing; no record evidence of withdrawals or timing | Waived for failure to raise at hearing; no record support for reduction |
| Miscellaneous small charges (phone calls, copies, etc.) | These items are non-taxable or unsupported | Legitimacy of costs was litigable at the hearing; Martin did not object then | Waived by failure to object at the cost hearing; no relief on appeal |
Key Cases Cited
- Hendrix v. Maison Orleans I, L.L.C., 101 So.3d 1013 (La. Ct. App. 2012) (trial court has broad discretion in awarding costs)
- Watters v. Dep’t of Soc. Servs., 15 So.3d 1128 (La. Ct. App. 2009) (statutory scope of taxable transcript/deposition costs)
- Succession of Franz, 139 So.2d 216 (La. 1962) (transcript taxable only if offered into evidence—traditional rule)
- Tipton v. Campbell, 996 So.2d 27 (La. Ct. App. 2008) (costs "necessary to bring a case to trial" may be taxable even if not introduced)
- Hardy v. Bye, 280 So.2d 663 (La. Ct. App. 1973) (requirement that costs be supported in the record; remand if not brought up)
- Breeland v. Kenner, 174 So. 678 (La. Ct. App. 1937) (itemized bill insufficient absent supporting affidavit)