PHILLIPS v. WERTZ

No. 19724.

579 S.W.2d 279 (1979)

Nelson PHILLIPS, Jr., et al., Appellants, v. Frank WERTZ and Wife, Dorothea Wertz, Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 21, 1979.


Attorney(s) appearing for the Case

Bruce Wolitarsky, Ashley & Welch, Dallas, for appellants.

Wm. Andress, Jr., Dallas, for appellees.

Before AKIN, ROBERTSON and CARVER, JJ.


ROBERTSON, Justice.

Appellants appeal from an order directing the district clerk to expunge costs which had been taxed against appellees. These costs were for obtaining certified copies of deeds used in the proceedings by appellants and had been taxed as costs by the district clerk against appellees. We hold that the trial judge correctly expunged these costs because no statutory authority exists authorizing the clerk to charge the items as costs. Accordingly, we...

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