451 So. 2d 801 | Ala. | 1984
Petitioners Purcell and Lake Forest obtained a reversal of judgments against them in Purcell Company, Inc., v. SpriggsEnterprises, Inc.,
Rule 35, A.R.A.P., includes the provision that "if a judgment is reversed, costs shall be taxed against the appellee unless otherwise ordered." Purcell and Lake Forest executed supersedeas bonds under the provisions of Rule 8, A.R.A.P. They contend that the premiums for these bonds were necessary costs of the appeal, because each of them was subject to a $662,500 judgment and they could not afford either to pay the judgments or to suffer execution against the real properties which they owned as part of their real estate businesses.
The right to recover costs exists only as granted by statute, because there was no such right at common law. State v. Inman,
The old Code title on costs and fees was partially transferred to chapters of the 1975 Code title on courts, especially the chapter on court finances, §
Nowhere in any of these provisions is there a reference to the premiums of supersedeas bonds as costs of appeal: see, for example, Rule 8, A.R.A.P., which authorizes the bonds; Code 1975, §§
Purcell and Lake Forest cite cases from other jurisdictions in which the premiums of supersedeas bonds are taxed as costs. These cases are consistent with the principles cited above that costs may be taxed only as allowed by law, either by statutory authorization, Mercantile Investment Holding Co. v.Gilliland,
There being no authority in this state by statute, rule, or custom for allowing supersedeas bond premiums as court costs, the petition for writ of mandamus is denied.
WRIT DENIED.
TORBERT, C.J., and FAULKNER, EMBRY and ADAMS, JJ., concur.