Mohns Inc v. Wilson et al

Filing 18

ORDER signed by Judge Lynn Adelman on 10/17/13 denying 14 Motion for Taxation of Costs. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MOHNS, INC.,
Appellant,
v.

Case No. 13-C-0367
Bankr. Case No. 11-2182

JOHN M. WILSON a/k/a
J. MICHAEL WILSON and
CHRISTINE A. WILSON f/k/a
CHRISTINE A. PETERSON
and
BRUCE A. LANSER, Bankruptcy Trustee,
Appellees.

DECISION AND ORDER
Mohns, Inc. has filed a motion to have costs taxed in its favor under Federal Rule
of Bankruptcy Procedure 8014, which provides in relevant part as follows:
Except as otherwise provided by law, agreed to by the parties, or ordered by
the district court or the bankruptcy appellate panel, costs shall be taxed
against the losing party on an appeal. If a judgment is affirmed or reversed
in part, or is vacated, costs shall be allowed only as ordered by the court.
In the present case, the order of the bankruptcy court was vacated, and I do not believe
that any party qualifies as a “losing party on appeal.” Therefore, each side shall bear its
own costs on appeal.
Accordingly, Mohns’s motion for costs is DENIED.
Dated at Milwaukee, Wisconsin, this 17th day of October 2013.

s/ Lynn Adelman
__________________________________
LYNN ADELMAN
District Judge