Costs, Deadlines: Where Matter Is Reversed On Appeal And Remanded, Clock Reset For Trial Court Costs Motion Depending On What Happens On Remand

40-Day Post-Remittitur Period Did Not Govern.

            In Mangine v. Ball, Case Nos. B285059/B286055 (2d Dist., Div. 7 March 25, 2019) (unpublished), tenant lost a case for failure to maintain her rental unit in line with building codes. The prevailing party filed for routine costs, with the trial court rejecting the tenant’s motion to tax costs and awarding $2,215 to the other side. Tenant prevailed, arguing that the costs memorandum was filed beyond the 40-day time limit from a remittitur to file for costs after there was a reversal on a prior appeal. Not so, said the 2/7 DCA panel. The reversal and remand reset a new clock to file for routine costs, which was dependent on what happened on remand. Guided by that deadline, the costs memorandum was timely filed.