§ 25-10-104 When costs of appeal discretionary

25-10-104. When costs of appeal discretionary

    (1) In the following cases, the costs of appeal are in the discretion of the court:

        (a) when a new trial is ordered;

        (b) when a judgment is modified.

    (2) In all other cases, the successful party shall recover from the other party the successful party's costs.