Fennessy v. Deleuw-Cather Corp‪.‬

Appellant James L. Fennessy appeals from an award of costs to Edward Gerulat, the sole defendant out of six who was granted summary judgment in the trial court. Appellant contends the court erred in awarding Gerulat all costs requested when the majority of those costs were incurred on behalf of all defendants. Appellant also maintains that even if the award was proper, execution of the award should be stayed until the action has been resolved. We shall reverse.