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BOARD OF TRUSTEES OF THE HATTIESBURG MUNICIPAL SEPARATE SCHOOL DISTRICT v. PEGGY GATES

MARCH 20, 1985

BOARD OF TRUSTEES OF THE HATTIESBURG MUNICIPAL SEPARATE SCHOOL DISTRICT
v.
PEGGY GATES



EN BANC

PRATHER, JUSTICE, FOR THE COURT:

ON MOTION TO RE-TAX OR CLARIFY COSTS

The question presented by this motion is whether an unsuccessful party is liable for payment of unnecessary court costs on appeal, and charges in excess of the statutory limits. Finding merit in the motion, we address these issues.

 I.

 The opinion in this case was rendered on December 12, 1984 (461 So.2d 730) reversing the opinion of the chancery court and reinstating the decision of Board of Trustees of the Hattiesburg Municipal Separate School District, appellant, against Peggy G. Gates, appellee. In the mandate of this Court, the appellee Gates was ordered to pay all of the appeal costs. The total court costs asserted by appellant to be due are:

 (1) Mississippi Supreme Court 50.00 Filing Fee

 (2) Chancery Court Costs 129.40 (3) Appeal Costs 200.00 (4) Appeal Bond Premium 863.00 (5) Proceedings of the

 hearing (transcript fee) 2,313.50 and (appearance fee) 600.00

 --------- TOTAL $4,155.90

 Appellant Board has demanded from appellee Gates repayment of all of the above appeal costs advanced by the Board. Miss. Code Ann. 37-9-111 (3)(Supp. 1984). Appellant contends all costs of the school board hearing transcript, the chancery court costs, and the Supreme Court appeal costs, including appeal bond premium shall be assessed as court costs and that appellee is liable therefor.

 Appellee, Peggy Gates, responded and objected generally to assessment of any costs against her, but specifically objects to the appeal bond costs of $863.00. Her position is that the school district, as an agent of the state, is exempt from giving an appeal bond, and asserts that she should not be held liable for frivolous or unnecessary expenses.

 II.

 We address two specific items on this motion to clarify, (A.) the transcript of the school board hearing, including an "appearance fee" and (B.) the premium paid for a surety bond by a school board.

 (A.) Miss. Code Ann. 37-9-111 (3) provides that the school board shall cause to be made stenographic notes of the non-reemployment hearing. In the event of a judicial appeal of the board's decision, the entire expense of the transcript ...


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