Ashley W. v. Holcomb

Ct. of Appeals denied defendants’ request for costs as prevailing parties on appeal, where defendants made request that costs be assessed against plaintiffs’ next friends, instead of plaintiffs, who were children and actual appellees in instant appeal. Defendants’ request is improper, since Rule 39(a)(3) states that: “if a judgment is reversed, costs are taxed against the appellee.” Accordingly, because of children’s status as appellees, defendants could only seek costs against children and not against their agents, such as their lawyers, guardians ad litem and next friends.