Anderson

I.

INTRODUCTION

Plaintiffs Thomas and Donna Anderson (the Andersons) appeal an order partially denying their motion to tax certain costs listed in defendants Way West, Inc. (Way West) and Russell Strom’s memorandum of costs. The Andersons claim that the trial court erred in taxing only $2,581.15 of $5,523.11 in costs related to taking the deposition of a deponent named Mark Smith.1 The Andersons maintain that the Smith deposition is not a legally recoverable cost in this case because the deposition was taken in another case.2 The Andersons maintain that this is so even though the parties stipulated that the Smith deposition could be used in this case. The Andersons also contend that the trial court abused its discretion in failing to tax $2,032.78 in service of process costs related to defendants’ attempt to take Smith’s deposition in this case because, according to the Andersons, those costs were “unreasonable and unnecessary.” Finally, the Andersons maintain that the trial court erred in failing to tax $28.08 in costs for a trial transcript because the trial court did not order the transcript, which is required in order for the cost to be recoverable. We conclude that the…