Opinion
No. 18,202.
Motion to retax costs overruled in opinion May 14, 1953.
APPEAL — Costs — Motion To Retax Costs Should Be Filed In Reasonable Time. — A motion to retax costs should be filed in a reasonable time after final decision. A motion to retax costs filed 18 months after decision was not filed in a reasonable time.
From the Industrial Board of Indiana.
On motion to retax costs, the Appellate Court, Per Curiam, held that appellee, Pierce Governor Company, did not file its motion to retax costs within a reasonable time.
Motion to retax costs overruled. By the court in banc.
Fansler, Fauvre, Young Chambers, of Indianapolis, for appellant.
Bagot, Free Shearer, of Anderson, for appellee, Pierce Governor Company.
This court decided this appeal in favor of appellant October 15, 1951. Armes v. The Pierce Governor Company, Inc. (1951), 121 Ind. App. 566, 101 N.E.2d 199.
A statement of costs was sent appellee by the Clerk of this court on November 15, 1951 and January 17, 1952. On April 28, 1953 appellee filed its motion to retax the costs. In Howard et al. v. Robinette et al. (1952), 123 Ind. App. 206, 109 N.E.2d 432, we held a motion to retax costs should be filed in a reasonable time after final decision. Appellee's motion was not filed in a reasonable time. Therefore, its motion is overruled.
NOTE. — Reported in 112 N.E.2d 241.