Gary Dye and Linda Dye v. Diamante, a Private…

Summary

The court recalled and amended its prior mandate to provide that each party would bear its own appellate costs because the interlocutory appeal had been reversed and remanded for a threshold determination rather than producing a clear prevailing party. It also held that the circuit court lacked jurisdiction under Rule 60 to reconsider its earlier denial of costs after the ninety-day period had expired, and therefore reversed and dismissed the later costs judgment. Justice Goodson concurred in reversing and dismissing the costs judgment but dissented from recalling the mandate, concluding that the circumstances were not extraordinary enough to justify that action.