COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 69116 SCOTT ASHBROOK : : ACCELERATED DOCKET Plaintiff-appellant : : JOURNAL ENTRY -vs- : AND : OPINION GREGORY R. SCHNEIDER, ET AL. : : PER CURIAM Defendant-appellees : : DATE OF ANNOUNCEMENT : DECEMBER 14, 1995 OF DECISION : CHARACTER OF PROCEEDING : Civil appeal from Court of Common Pleas : Case No. CV-198070 JUDGMENT : AFFIRMED DATE OF JOURNALIZATION : APPEARANCES: For plaintiff-appellant: For defendant-appellees: G. MICHAEL CURTIN, ESQ. WILLIAM E. GERSTENSLAGER, ESQ. Keller and Curtin Co., L.P.A. ROBERT E. SWEENEY CO. 330 Hanna Bldg. 1500 Illuminating Bldg. 1422 Euclid Avenue 55 Public Square Cleveland, OH 44115-1901 Cleveland, OH 44113 - 2 - PER CURIAM: This cause came on to be heard upon the accelerated calendar pursuant to App. R. 11.1 and Loc. R. 25, the records from the court of common pleas and the briefs and oral arguments of counsel. Plaintiff-appellant, Scott Ashbrook appeals the trial court's ruling awarding defendant-appellee, Gregory R. Schneider $2,170 for costs. Based upon our decision in Ashbrook v. Schneider (Feb. 17, 1994), Cuyahoga App. No. 64469, unreported, which granted costs to Schneider for the appeal, the trial court awarded him $2,170. This amount was based on the following: (1) the transcript of Ashbrook's deposition which was used for impeachment purposes at trial; (2) the cost of the trial transcript for appeal; (3) the cost of punitive damage hearing for appeal and (4) the cost of the appellate filing fee. Ashbrook claims that (a) the preparation of the deposition should not have been included in the amount of costs because it was not admitted into evidence; (b) the cost of the trial transcript should not have been included in the cost because the action in the present case was initiated prior to the effective date of App.R. 24, July 1, 1992; (c) the cost of the punitive damages hearing for appeal should not have been included in the cost because it was not a necessary expense incurred in preparation for trial and (d) the fee for the appeal should not have been included in the cost. - 3 - Pursuant to Civ. R. 54(D), the court has discretion as to how the costs of an action shall be assessed. State, ex. rel. Fant v. Regional Transit Auth. (1990), 48 Ohio St.3d 39, syllabus. The Supreme Court of Ohio held, the term "abuse of discretion" connotes more than an error of law; it implies that the court acted unreasonably, arbitrarily or unconscionably. State v. Adams (1981), 62 Ohio St.2d 151, 157. We find the trial court did not abuse its discretion when it awarded Schneider $2,170 in costs for the deposition transcript, trial transcript, preparation for the punitive damage hearing and the Court of Appeals filing fee. We find these expenses all reasonable and necessary. See Jones v. Pierson (1981), 2 Ohio App.3d 447, 451 (the court may in its discretion determine that a deposition is so vital for impeachment purposes as to become a taxable litigating expense); Miller v. Gustus (1993), 90 Ohio App.3d 622, 625 (deposition can be taxed as costs if the deposition was used in trial court) and App.R. 24. Furthermore, we note that App.R. 24 became effective July 1, 1992. The initial appeal in this case was filed on October 1, 1992, three months after the effective date of App.R. 24. Accordingly, Ashbrook's assigned errors are overruled. Judgment affirmed. - 4 - It is ordered that appellees recover of appellant their costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JOHN T. PATTON, CHIEF JUSTICE JAMES D. SWEENEY, JUDGE DAVID T. MATIA, JUDGE N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, .