DERRY M. THOMPSON ET AL. v. TIMOTHY A. GRAHAM ET AL.

After years of litigation, the parties reached a settlement agreement in a case. One of the
parties attempted to avoid the settlement agreement, and the other party filed a motion to
enforce. Following an evidentiary hearing, the trial court granted the motion, finding that
the parties had entered into an enforceable settlement agreement. The trial court then taxed
the court costs to the non-moving party, despite the parties agreeing that they would equally
divide the court costs between them. We affirm the trial court’s judgment granting the
motion to enforce the settlement agreement. We reverse the trial court’s taxing of court
costs and remand to the trial court on that issue. Because the appellants prevailed on the
issues regarding the assessment of costs, we decline to find that this was a frivolous appeal.