Governing Bd. of St. Johns River Water Mgmt. Dist. v. Lake Pickett Ltd., 543 So. 2d 883 (Fla. 5th DCA 1989). · Go Syfert
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Governing Bd. of St. Johns River Water Mgmt. Dist. v. Lake Pickett Ltd., 543 So. 2d 883 (Fla. 5th DCA 1989). Cases Citing This Book View Copy Cite
“ection 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering the judgment.”
11 citation events (3 in the last 25 years) across 1 distinct court.
Strongest positive: LOUIS CARAMBOT v. LIZET MONCION (fladistctapp, 2023-03-22)
Top citers, strongest first. 5 distinct citers.
examined Cited as authority (verbatim quote) LOUIS CARAMBOT v. LIZET MONCION
Fla. Dist. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
ection 57.041 mandates that every party who recovers a judgment in a legal proceeding is 2 entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering judgment.
examined Cited as authority (verbatim quote) Granoff v. Seidle
Fla. Dist. Ct. App. · 2005 · quote attribution · 1 verbatim quote · confidence high
ection 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering the judgment.
cited Cited as authority (rule) FIRST PROTECTIVE INSURANCE COMPANY v. Featherston
Fla. Dist. Ct. App. · 2008 · confidence medium
Dist. v. Lake Pickett Ltd., 543 So.2d 883, 884 (Fla. 5th DCA 1989)).
cited Cited as authority (rule) Reinke v. Wal-Mart Stores, Inc.
Fla. Dist. Ct. App. · 2000 · confidence medium
Dist. v. Lake Pickett Ltd., 543 So.2d 883, 884 (Fla. 5th DCA 1989).
discussed Cited as authority (rule) Dewachter v. Scott
Fla. Dist. Ct. App. · 1995 · confidence medium
Johns River Management Dist. v. The Lake Pickett, Ltd., 543 So.2d 883, 884 (Fla. 5th DCA 1989) (every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs).
GOVERNING BOARD OF the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Appellant,
v.
LAKE PICKETT LIMITED, etc., Appellee.
88-1605.
District Court of Appeal of Florida, Fifth District.
Jun 1, 1989.
543 So. 2d 883
Cowart.
Cited by 10 opinions  |  Published

Wayne E. Flowers, Atty. for St. Johns River Water Management Dist., Palatka, for appellant.

Dominick J. Salfi of Dominick J. Salfi, P.A., Altamonte Springs, for appellee.

COWART, Judge.

Appellant Water Management District recovered a judgment[1] imposing a monetary[*884] civil penalty against appellee developer but the trial court denied appellant's post-judgment motion to tax court costs and assess investigative costs and attorney's fees which denial is the subject of this appeal.

Section 373.129, Florida Statutes, authorizes water management districts to commence and maintain proper and necessary actions and proceedings in court for certain purposes including in subparagraph (6) investigative costs, court costs, and attorney's fees.

Appellant looks through section 373.129(6), Florida Statutes, which permits the pursuit of proper legal action, to section 57.041, Florida Statutes, which provides that "[t]he party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment" and argues that section 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering judgment. We agree and reverse with directions that if appellant finally recovers judgment against appellee, appellant's lawful court costs and charges be included in the judgment. The appealed order is otherwise affirmed.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

COBB and DANIEL, JJ., concur.

1 The judgment is the subject of a separate appeal.