Sharp

Sharp v. Gollock

Good Law
130 Cal. App. 3d 271·181 Cal. Rptr. 547·1982 Cal. App. LEXIS 1512
Court of Appeal of CaliforniaMarch 26, 1982Civ. No. 20621California508 words

Opinion

Lead Opinion

Puglia, J.

Appellant, Don E. Sharp, filed a petition for the appointment of a conservator for his mother, respondent Emma Belle Gollock. The matter was tried to a jury which rendered a special verdict in respondent’s favor. Judgment was entered for respondent who thereafter filed a cost memorandum. Appellant moved to tax costs. A hearing was held, at which both parties and their attorneys were presefit. After taking the matter under submission the court awarded respondent costs of $2,400, approximately $450 less than requested in the cost bill.

*273 Counsel for appellant has filed an appeal from the order allowing costs. His sole contention is that the trial court was guilty of misconduct and abuse of discretion. He bases this claim upon the concluding colloquy among participants at the hearing on the motion to tax costs which we include here in its entirety:

The claim of misconduct and abuse of discretion derives from the court’s express acknowledgment of respondent Gollock but not of appellant Sharp. Appellant asserts “that the acknowledgment of the presence of one party while ignoring the other party is an abuse of discretion or at least an indication of an abuse of…

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