Valerie Schultz v. Darlington Mutual

HEFFERNAN, CHIEF JUSTICE. This is a review of an unpublished decision of the court of appeals reversing in part an order of
the circuit court for Lafayette county, William D. Johnston, Judge, which imposed plaintiffs' costs and Lafayette county's
costs upon mistrial against defendant's attorney, Carroll Metzner. 1 The issue before this court is whether the court of
appeals correctly determined that the circuit court erroneously exercised its discretion in awarding plaintiffs' costs and
Lafayette county's costs against Attorney Metzner. We conclude that the circuit court's exercise of discretion was not erroneous.
Accordingly, we reverse that portion of the court of appeals' decision that reverses the circuit court's award of plaintiffs'
costs against Metzner. We affirm that portion of the court of appeals' decision that affirms the circuit court's award of
Lafayette county's costs against Metzner. The underlying action in this case was a claim by the plaintiffs, Valerie Schultz, Gaylord Schultz and Joyce Schultz, against
defendant Theodore Tollackson for damages arising from injuries sustained in an automobile accident. At trial, John Walsh
and John Mitby represented the plaintiffs; Carroll Metzner and Barrett Corneille represented the defendants.