Jones v. Artery, 275 P.3d 1244

Artery was attacked by three Boston terriers under Jones and Bates’ care; Jones stipulated 100% liability on the morning of trial, Bates was dismissed, and damages were tried to a jury resulting in $13,059.83 for Artery.
Artery sought costs totaling $1,005.20; Jones objected to most costs.
District court granted Artery’s costs in full over Jones’s objections.
Jones timely appealed challenging several specific cost items.
On appeal, the Wyoming Supreme Court reviews for abuse of discretion and emphasizes the need for a proper record to assess evidentiary issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the district court abuse its discretion in awarding certain costs to Artery?	Jones challenged multiple cost items as improper.	Jones asserts costs were not properly taxable.	Yes and no: the court remands for adjustment, finding abuse regarding one item but upholding others.
Should the $35.00 service fee for Bates’ service be taxed to Jones given Bates was dismissed?	Jones argues Bates’ dismissal means service fee should not be charged.	Artery’s costs include service on Bates; no error given stipulation and no settlement.	No abuse; district court did not err in taxing the service fee.
Were subpoenas for veterinary clinics and a Wheatland officer properly taxed as costs?	Subpoenas were fishing expeditions not tied to damages.	Damages not narrowed until trial; subpoenas were permissible discovery costs.	No clear abuse; court defers to trial dynamics and lack of transcript.
Was $70.00 for witness subpoena service fees for the vacated November 2010 trial properly taxed?	Record lacks support to charge for vacated trial subpoenas.	Costs were awarded without adequate justification.	Abuse of discretion; vacated-trial subpoena costs should be removed.

Elk Ridge Lodge, Inc. v. Sonnett, 2011 WY 106 (Wy. 2011) (abuse of discretion standard for costs award)
Garrison v. CC Builders, Inc., 179 P.3d 867 (Wyo. 2008) (costs guidelines are discretionary)
Mueller v. Zimmer, 173 P.3d 361 (Wyo. 2007) (standard of review for trial court rulings on costs)
Lykins v. Habitat for Humanity, 237 P.3d 405 (Wyo. 2010) (presume regularity of trial court findings without transcript)
Snyder v. Lovercheck, 992 P.2d 1079 (Wyo. 1999) (abuse of discretion and reasonableness in rulings)
Capshaw v. Schieck, 44 P.3d 47 (Wyo. 2002) (recording and reliance on trial court findings_missing transcript considerations)
Stadtfeld v. Stadtfeld, 920 P.2d 662 (Wyo. 1996) (presumption of regularity in absence of transcript)
Combs v. Sherry-Combs, 865 P.2d 50 (Wyo. 1993) (principles on appellate review of costs and records)