Parkhurst et al v. Tabor et al

Filing 175

ORDER re 167 Bill of Costs filed by Ross Parkhurst, H.P., and Amy Parkhurst. The Court finds that Defendant Chad Belt should reimburse Plaintiffs for one-half of such costs or $1206.86. Signed by Honorable Robert T. Dawson on August 24, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

ROSS PARKHURST and AMY PARKHURST, individually and as next friend of H.P., a minor child under the age of eighteen v. CHAD BELT, an individual Civ. No. 07-2068

PLAINTIFFS

DEFENDANT

ORDER Before the Court is Plaintiffs' Bill of Costs Related to Appeal (Doc. 167). Plaintiffs seek the taxation of costs

against Defendant in the amount of $2,413.71 for the preparation and transmission of the record to the Eighth Circuit Court of Appeals. Pursuant to Rule 39(a)(2) & (e)(1) of the Federal Rules of Appellate Procedure, costs of the preparation and transmission of the record are taxable against the appellant if the judgment is affirmed. Both parties appealed in this case, however, the

Eighth Circuit designated the appeals as Cross-Appeals, and the Parkhursts were charged with preparing and transmitting the record, as they filed their appeal first. On June 9, 2009, the

Eighth Circuit affirmed the Court's judgment against Appellant Chad Belt. (Doc. 172-1). On June 25, 2009, the Eighth Circuit

affirmed the Court's judgment against Appellants Ross and Amy Parkhurst. (Doc. 174-2).

AO72A (Rev. 8/82)

As this Court's judgments were affirmed against all parties in their respective appeals, the Court finds that the parties should share the costs of preparing and transmitting the record on appeal. Accordingly, the Court finds that Defendant Chad

Belt should reimburse Plaintiffs for one-half of such costs or $1206.86. IT IS SO ORDERED this 24th day of August, 2009. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge

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AO72A (Rev. 8/82)