The sole issue in this appeal is whether, absent an order from the Court of Appeals specifically remanding the issue of attorney’s fees incurred on appeal, a trial court has jurisdiction to award such fees. We hold that a specific remand for attorney’s fees is required аnd affirm the judgment of the trial court.
In a prior appeal,
O’Loughlin v. O’Loughlin,
Appellant subsequently filed a motion in the trial court for an award of attorney’s fees and costs she had expended in the appeal. On Marсh 29, 1996, the trial court denied the motion on the ground that the court did not “have jurisdiction to do what [counsel is] asking____ [T]he issue of determination of counsel fees has not been remanded to the trial court for determination.”
On appeal, appellant contends that the trial court erred in finding that, absent language of a specific mandate remanding the issue to the trial court, the court lacked subject matter jurisdiction to awаrd attorney’s fees incurred in an appeal. 1
This Court’s order disposing of the appeal stated as follows:
For reasons stated in writing and filed with the record, the Court is of opinion that there is no error in the judgment appealed from. Accordingly, the judgment is affirmed. The appellant shall рay to the appellee damages according to law.
This order shall be certified to the trial court.
The Clerk’s itemized statement of costs provided:
[A]ppellee shall recover from the appellant costs in this case as follows: Attorney’s fee: (Code § 14.1-196) $50.00
*693 [and] Appellee’s brief: (Code § 14.1-182) $60.12. 2
Taxing of costs in this proceeding is not to be considered a determination of an award of attorney’s fees or other costs for services rendered or expenditures made in connection with this appeal to which any party may be entitled in an award by the trial court under the provisions of Code §§ 20-99 and 20-103.
(Emphasis added). 3
The term “costs” is defined as “[a] pecuniаry allowance, made to the successful party (and recoverable from the losing party), for his expenses in prosecuting or defending аn action or a distinct proceeding within an action. Generally, ‘costs’ do not include attorney fees unless such fees are by a statute denominated costs or are by statute allowed to be recovered as costs in the case.” Black’s Law Dictionary 312 (5th ed. 1979) (emphasis added). The attorney’s fee contemplated by Code § 14.1-196 is a statutorily mandated “cost.” The Clerk’s itemized statement of costs clearly directs that “Maxing of costs in this proceeding is not to be considered a determination of an award of attorney’s fees ” and the Clerk’s statement of costs does not authorize a trial сourt to award sua sponte attorney’s fees incurred in the appeal.
*694
Additionally, appellant contends that no specific remand is required because Code § 20-99 gives the trial court authority in a divоrce case to award attorney’s fees for the appellate level as it states that “[c]osts may be awarded to either pаrty as equity and justice may require.” Code § 20-99(5). Appellant asserts that the term “costs” includes counsel fees and relies primarily on
Craig v. Craig,
Appellant cites no case in which a trial court has awarded attorney’s fees incurred on appeal without a specific remand and particularized instructions to do so.
See Gottlieb v. Gottlieb,
The rationale for the appellate court being the proper forum to determine the рropriety of an award of attorney’s fees for efforts expended on appeal is clear. The appellate court hаs the opportunity to view the record in its entirety and determine whether the appeal is frivolous or whether other reasons exist for requiring аdditional payment. 4
Accordingly, the judgment of the trial court is affirmed.
Affirmed.
Notes
. Appellant also argues that the trial court further erred in ruling that Code § 20-99 applies only to fees incurred in connection with support matters. This mischaracterizes the finding of the trial court, stated as follows:
But the concept of attorney's fees has always been tied basically to the issue of support for the party needing it. It's got to be—it’s not just a matter of being a penalty for losing. It’s got to be a—it’s got to be some kind of sense of need fоr support.
* * * * * *
[I]n any other contract dispute or automobile accident case, attorney’s fees are not awarded unless there is sоme contractual provision or statutory basis for it.
And I don't think that the statutory bases that you've pointed out to me is enough to justify departing from the standard rule of support as the determinant in the award of attorney's fees. Accordingly, if I had jurisdiction I would deny the motion and I’ll leave it at that.
(Emphasis added).
. Code § 14.1-196 provides, in pertinent part:
The clerk of the court wherein any party recovers costs shall tax the same. He shall include therein for the fee of such party’s attorney, if he has one:
if! >}S }J{ )i! Sf! jj{
(2a) In the Court of Appeals ... $50.00....
Code § 14.1-182 provides, in pertinent part:
Any party in whose favor costs are allowed in the Supreme Court shall have taxed as part of the costs the actual cost incurred by him in printing or otherwise any brief filed with the Court, not to exceed $200 for all briefs filed and the actual сost incurred by him in printing or otherwise reproducing the appendix containing parts of the record filed with the Court....
(Emphasis added).
. Code § 20-103 authorizes the trial court to make pendente lite orders regarding costs, and Codе § 20-99 addresses costs incurred in the trial court.
. The trial court upon proper remand can then ”[f]ix a reasonable compensation ... fоr services rendered in ... this [c]ourt.”
See Hughes,
[W]e will award the mother ... attorney’s fees in this Court, and we will remand the case to the Court of Appeals direсting it to fix a sum on account of attorney’s fees for the mother in that court. We will also direct the Court of Appeals to remand the case to the circuit court for reconsideration of ... the mother’s request for attorney’s fees there____
(Emphasis added).