Simmons v. Ware, Case Nos. G045886 et al. (4th Dist., Div. 3 Feb. 13, 2013) (published; 3-0 decision, author: O’Leary, P.J.) is a situation where a judgment NOV against a vessel owner was reversed on appeal. The trial judge also had awarded the previous winner $193,997.61 is costs under CCP § 998. That all went POOF! because the costs award fell upon reversal of the merits judgment. Vessel owner won costs of appeal for the reversals.