Opinion
70051, 70052.
DECIDED APRIL 1, 1985.
Court costs. Tattnall Superior Court. Before Judge Caswell, Senior Judge.
Robert Golden II, Pro se. John C. Jones, Assistant Attorney General, for appellees.
This marks the second appearance of these cases in our court. Previously, we determined the trial court properly dismissed each action for want of prosecution. See Golden v. Newsome, 172 Ga. App. 57 ( 322 S.E.2d 314). Upon the return of the remittitur to the trial court, an order was entered in each case directing the appellant to pay costs, totalling $277, to the Clerk of the Tattnall County Superior Court. Appellant contends the trial court erred because the assessment of costs following the return of the remittitur constituted "piecemeal litigation." Held:
Where it is alleged that costs have been illegally assessed, the proper procedure is to seek a reassessment of costs in the trial court by a timely motion to retax costs. Pye v. State Hwy. Dept., 227 Ga. 315 ( 180 S.E.2d 355); McDonald v. Dabney, 161 Ga. 711, 715 (13) ( 132 S.E. 547); Henderson v. County Bd. of Registration Elections, 126 Ga. App. 280, 287 (4) ( 190 S.E.2d 633); Markan Realty Co. v. Klarman, 99 Ga. App. 703, 705 (2) ( 109 S.E.2d 907). No such motion in either of the cases sub judice having been filed in the trial court, the appeals must be dismissed. Pye v. State Hwy. Dept., supra; Henderson v. County Bd. of Registration Elections, supra.
Appeals dismissed. Banke, C. J., and Benham, J., concur.