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JACK JOHNSTON v. GLEN A. STINSON AND MRS. MARY KATHRYN ELLIS STINSON

OCTOBER 01, 1986

JACK JOHNSTON
v.
GLEN A. STINSON AND MRS. MARY KATHRYN ELLIS STINSON



BEFORE WALKER, C.J., SULLIVAN AND ANDERSON, JJ.

WALKER, C.J., FOR THE COURT:

This case is appealed from a judgment of the Circuit Court of Adams County granting the Stinsons' motion to strike allegations of the complaint, denying the Stinsons' request for attorney's fees, and awarding judgment to Johnston in the amount of $7,768.46. Johnson appeals, and the Stinsons cross-appeal.

We affirm the judgment of the lower court in all respects, except that part of the judgment requiring Johnston to pay the costs in the lower court incurred after the Stinsons' offer of judgment. Because Johnston obtained a final judgment more favorable than the Stinsons' offer, he should not be required to pay lower court costs incurred after the offer of judgment. Rule 68, *fn1 Mississippi Rules of Civil Procedure. The judgment is affirmed in all respects except as to costs incurred in the lower court. As to those costs, the judgment is reversed and rendered here with the costs in the court below assessed against the appellee.

 AFFIRMED IN PART: REVERSED IN PART AND RENDERED.

 ROY NOBLE LEE, P.J., HAWKINS, P.J., DAN LEE, PRATHER, ROBERTSON, SULLIVAN, ANDERSON AND GRIFFIN, JJ., CONCUR.   &nb ...

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