Golf West of Kentucky, Inc. v. Life Investors, Inc.

Defendants and appellants Life Investors, Inc., Confidence Golf Sales, Inc., Bill McDonald and Carl McManis (collectively Life Investors) appeal from an order of the superior court which (1) awarded them as costs on appeal only the premium on a surety bond posted on appeal, to the exclusion of fees paid for letters of credit secured in connection with said bond; and (2) apportioned the allowed costs between plaintiffs and respondents Golf West of Kentucky, Inc., (Golf West) and Charles Will (Will), rather than holding Golf West and Will jointly and severally liable for those costs.

There is no authority for awarding Life Investors as costs on appeal any fees paid for letters of credit. Further, the mere fact Golf West and Will consolidated their actions does not give rise to joint and several liability for costs. The order therefore is affirmed.

Factual and Procedural Background

On July 10, 1980, Golf West and Will filed separate complaints against Life Investors, alleging, inter alia, Life Investors had wrongfully terminated their exclusive franchises to distribute Life Investors’ golf clubs. The two cases were subsequently consolidated. Golf West and Will each…