Wednesday, September 25, 2013

Recovery of appellate costs opinion

In the exciting and developing area of recovering appellate costs, today 1/2 published an opinion you'll want to read:
We first consider whether rule 8.278 and the reasoning of Rossa preclude the appellant recovering the interest paid on the borrowed funds as a cost of appeal. We conclude this type of interest is likewise precluded. Next, we consider whether a recent amendment of rule 8.278, which expressly allows recovery of interest in this situation, and which became effective during the pendency of this appeal, should be given retroactive application. We conclude that it should not. In light of these conclusions, we modify the amended judgment by deleting the interest, and affirm the modified, amended judgment.