MAGBUHAT v. KOVARIK

Nos. 16202, 16209.

445 N.W.2d 315 (1989)

John MAGBUHAT and Sandra Magbuhat, Special Representatives of the Estate of Christina Marie Magbuhat, Deceased Minor Child, and John Magbuhat and Sandra Magbuhat, Individuals, Plaintiffs and Appellees, v. Richard A. KOVARIK, M.D., Norman D. Neu, M.D., and Rapid City Regional Hospital, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

Reassigned June 2, 1989.

Decided September 6, 1989.


Attorney(s) appearing for the Case

Debra D. Watson of Wallahan & Watson, Rapid City, for plaintiffs and appellees.

William G. Porter and Gregory G. Strommen of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendants and appellants Richard A. Kovarik and Norman D. Neu.

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant Rapid City Regional Hosp., Inc.


MILLER, Justice (on reassignment).

This appeal deals with taxation of costs in a civil action. We hold that a trial court is not permitted to tax the costs of the transcript from a former trial but may tax costs for copies of depositions taken by an adverse party. We affirm in part and reverse and remand in part.

FACTS

Richard A. Kovarik, M.D., Norman D. Neu, M.D., and Rapid City Regional Hospital (appellants) appeal from an order in which the trial...

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