plaintiff in return for an $867,000 letter of credit that would be canceled in the event the plaintiff prevailed on appeal. The circuit court further ordered the plaintiff to pay the annual premium on its letter of credit and the defendant to file an appeal bond in an amount sufficient to cover the plaintiffs taxable costs. On appeal, the defendant argued that the judgment should be vacated, to which the plaintiff responded by requesting affirmance plus costs, which, the plaintiff claimed, should include its premium costs for the letter of credit. A panel of this Court affirmed the judgment for the plaintiff and, in the final paragraph of the opinion, ordered the plaintiff to file a bill of costs, “includ[ing] the cost of the letter of credit incurred as a re NE2d 1259 (Ind App, 1996) (<HOLDING>). B. INTERPRETATION OF MCR 7.219(F)(2) Given
holding that a bank fee for a letter of credit to secure a stay pending appeal was not a taxable cost where no statute or court rule allowed such a cost and where the letter of credit was unnecessary and therefore a discretionary expense to which the opposing party had objected holding that plaintiff had standing where the beneficiary of a letter of credit had assigned to plaintiff its cause of action for wrongful dishonor of the letter of credit holding that  1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset holding that documents did not substantially comply where copies of letter of credit and promissory note were submitted and letter of credit required originals holding that a party providing a letter of credit fails at its peril to include in the letter language restricting honor and payment of the credit