A pre-trial Calderbank offer that is not renewed on appeal is a relevant but not determinative factor in the appellate court's costs discretion. The failure of a successful respondent to renew a Calderbank offer on appeal should not operate to the respondent's prejudice. Indemnity costs on appeal require something more than the mere existence of a pre-trial Calderbank offer — such as delinquency, unreasonable conduct, or futility in the appeal.
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