ST. LOUIS — The Missouri Court of Appeals Eastern District has affirmed a ruling in favor of Volkswagen Group of America involving the taxation of court costs that were imposed on plaintiffs who lost their case against the German automaker.
According to the Feb. 27 ruling. Donna Lee Harrison and Jerry Lee Harrison had sued Volkswagen in St. Louis City Circuit Court but lost a jury trial in 2016. Trial court Circuit Judge Steven Russell Ohmer then entered judgment on the jury verdict in October 2016, ordering costs to be taxed against the Harrisons.
Volkswagen later filed a proposed bill of costs seeking $77,613.14, and following a hearing, Ohmer found that some of its requested costs were not taxable and ordered remaining costs taxed in the amount of $60,383.14.
In their appeal, the Harrisons argued that Ohmer's order "contravenes" statute, which provides that "only the circuit clerk" can tax costs.
While the appeal was ongoing, the circuit clerk for the 22nd Judicial Circuit issued a bill of costs taxing costs against the Harrisons in the amount of $60,383.14, the ruling states.
The Harrisons moved to retax costs, which Ohmer denied. They then appealed Ohmer's denial of their motion to retax costs.
The three-judge panel -- Judges Gary Gaertner, Robert Clayton III and Angela Quigless -- consolidated the appeal with the Harrisons' first appeal and considered together.
"Appellants' argument that the trial court's order purporting to tax costs was without legal effect is moot because, in any event, Appellants are subject to the bill of costs in the same amount issued by the circuit clerk," Gaertner wrote. "Regarding Appellants' arguments that both Volkswagen and the circuit clerk failed to follow certain procedural rules in requesting and taxing costs, respectively, we find Appellants were not prejudiced by any procedural violations. Accordingly, we affirm the judgment of the trial court denying Appellants' motion to retax costs."