Questão jurídica principal
Whether the first-instance party costs should be set off or charged to the respondent in the eviction proceedings
Decisão extraída
The set-off of party costs was correct; the appellant caused the proceedings by not vacating the marital property on time.
Fundamentação extraída
Although the husband’s case was dismissed for failure to pay the advance on costs, the cost allocation followed the success principle by analogy to the conduct that triggered the proceedings. The appellant had not vacated the property by the agreed or ordered deadline and thus gave cause to litigate.