Costs:  Clerk’s Premature Entry Of Costs Award Stricken As A Matter Of Law

Procedural Requirements Did Guide This Result.

            In Fichter v. Byrd, Case No. B270418 (2d Dist., Div. 4 Feb. 27, 2018) (unpublished), the appellate court, as a matter of law, decided to strike a $729.11 costs award to prevailing plaintiffs through a clerk’s entry on plaintiffs’ judgment.  The reason?  Costs were awarded before the time to file a motion to tax costs expired such that the clerk’s entry of them in the judgment was a nullity. 

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