Marshall v. Reeves, 674S112
| Decision Date | 03 October 1974 |
| Docket Number | No. 674S112,674S112 |
| Citation | 262 Ind. 403,316 N.E.2d 828 |
| Parties | Martha Lou (Reeves) MARSHALL, Defendant-Appellant, v. Ronald David REEVES, Plaintiff-Appellee. |
| Court | Indiana Supreme Court |
Phillip H. Minton, Thomas J. Jeffers, Indianapolis, for defendant-appellant.
Lawrence H. Hinds, Indianapolis, for plaintiff-appellee.
OPINION ON MOTION TO TAX COSTS ON APPEAL
Before this Court is a motion to tax costs on appeal which was filed subsequent to our opinion on the merits in the same case. Appellee seeks to include transfer and attorney fees as 'costs' to be borne by appellant. However, neither a transfer fee nor attorney fees are included as costs under AP. 15(G):
The instant appeal involved child custody and no monetary damages were at issue at any stage of the proceedings. This is not a proper case for assessing damages pursuant to AP. 15(F):
'If the court on appeal affirms the judgment, damages may be assessed in favor of the appellee not exceeding ten per cent (10%) upon the judgment, in money judgments, and in other cases in the discretion of the court; and the court shall remand such cause for execution.'
A discretionary award of damages is proper where an appeal is frivolous, or without substance or merit. Marks v. Bremmer (1917) 186 Ind. 434, 116 N.E. 738. Further, a penalty may be assessed where an appeal is taken merely to harass or delay the appellee, 'thus presenting an illustration of vexations litigation, that crowds our courts to the detriment of meritorious actions, and which should not go unrebuked.' Vandalia R. Co. v. Walsh, (1909) 44 Ind.App. 297, 299, 89 N.E. 320.
No discretionary award of damages is proper here. The instant appeal was taken in good faith upon legal and equitable grounds which a majority of the Court of Appeals and one member of this Court found to be persuasive.
For the foregoing reasons, the motion to tax costs on...
To continue reading
Request your trial
-
Royal Business Machines, Inc. v. Lorraine Corp.
...this appeal. Attorneys' fees on appeal may be awarded to an appellee where the judgment is affirmed on appeal. Marshall v. Reeves, 262 Ind. 403, 316 N.E.2d 828 (1974); Willsey v. Hartman, 150 Ind.App. 485, 276 N.E.2d 577 (1971); Michael-Regan Co. v. Lindell, 527 F.2d 653 (9th Cir. 1975); Am......
-
Clark v. Clark
...Ind. 235, 237, 196 N.E.2d 571, 572." Marshall v. Reeves, (1974) 262 Ind. 107, 311 N.E.2d 807, 809-10, supplemented as to costs, 262 Ind. 403, 316 N.E.2d 828. We should remind appellant, however, that her burden on appeal is a heavy one; she must show not merely that the evidence might suppo......
-
Briggs v. Clinton County Bank & Trust Co. of Frankfort, Ind., 2-581A150
...A discretionary award of damages is appropriate when the appeal "is frivolous, or without substance or merit." Marshall v. Reeves (1974) 262 Ind. 403, 404, 316 N.E.2d 828, 830. When the appeal is taken merely to harass the appellee or delay enforcement, a penalty may be assessed. Id. Failur......
-
Tupling v. Britton, 79-31.
...212 S.E.2d 462 (1975); Manchester Insurance & Indemnity Co. v. Strom, 122 Ill.App.2d 183, 258 N.E.2d 150 (1970); Marshall v. Reeves, 262 Ind. 403, 316 N.E.2d 828 (1974); L. Frank & Co., Inc. v. Devillier's Foodliner, Inc., 365 So.2d 501 (La.App. 1978); Norfolk County Trust Co. v. Vichinsky,......