Florida Statutes

Fla. Stat. § 57.041 (2025)

Costs; recovery from losing party.

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57.041 Costs; recovery from losing party.—

(1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs.

(2) Costs may be collected by execution on the judgment or order assessing costs.

History.—s. 71, Nov. 23, 1828; s. 7, ch. 73, 1847; RS 1304; GS 1736; RGS 2951; CGL 4675; s. 13, ch. 67-254; s. 311, ch. 95-147.

Note.—Former s. 58.04.

Notes of Decisions

Cited in 298 cases (31 in the last 5 years), 1969–2026 · leading case: Bessey v. DiFilippo, 951 So. 2d 992 (Fla. 1st DCA 2007).

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Bessey v. DiFilippo, 951 So. 2d 992 (Fla. 1st DCA 2007). · cites it 26× “Bessey filed a motion to tax costs pursuant to section 57.041, Florida Statutes (2005), seeking costs in the amount of ,857.”

Wolfe v. Culpepper Constructors, Inc., 104 So. 3d 1132 (Fla. 2d DCA 2012). · cites it 16× “Recovering Costs From The Losing Party Pursuant to Section 57.041 Culpepper contends that the trial court should have awarded it attorney’s fees and costs pursuant to either section 713.”

Granoff v. Seidle, 915 So. 2d 674 (Fla. 5th DCA 2005). · cites it 15× “See § 57.041, Fla. Stat. (1995)."); Florida Intergovernmental Risk Mgmt.”

Price v. Tyler, 890 So. 2d 246 (Fla. 2004). · cites it 7× “*253 § 57.041, Fla. Stat. (2001). In this action, the trial court should not have included attorneys' fees as "costs" because section 57.”

Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315 (Fla. 1983). · cites it 13× “If the plaintiff recovers under one theory, he has prevailed in the *1318 litigation and I look upon him as "the party recovering judgment" within the purview of section 57.041, Florida Statutes (1981), and hence entitled to recover all his legal costs.”

White v. Steak & Ale of Florida, Inc., 816 So. 2d 546 (Fla. 2002). · cites it 7× “Arguably, had White accepted Steak and Ale's offer, he would have been entitled to an award of taxable costs under section 57.041, Florida Statutes (1993). See Williams v.”

Magdalena v. Toyota Motor Corp., 253 So. 3d 24 (Fla. 3d DCA 2017). · cites it 9× “The orders under review are based on the trial court’s earlier ruling granting Toyota’s motion to dismiss on the basis of forum non conveniens and its later finding that, pursuant to section 57.041, Florida Statutes (2016), and Florida Rule of Civil Procedure 1.”

Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So. 3d 348 (Fla. 4th DCA 2011). · cites it 6× “105(7), Florida Statutes (2004), allowing for reciprocal recovery of attorney’s fees pursuant to a contractual prevailing party provision; and (3) section 57.041(1), Florida Statutes (2004), allowing a prevailing party to recover its costs.”

State Farm Mut. Auto. Ins. Co. v. Marko, 695 So. 2d 874 (Fla. 2d DCA 1997). · cites it 10× “" Under the facts of the present case, where a zero liability judgment was entered in favor of State Farm and against Marko, the effect of section 768.79 negating section 57.”

Berek v. Metro. Dade Cty., 396 So. 2d 756 (Fla. 3d DCA 1981). · cites it 6× “Berek contends that Section 57.041, Florida Statutes (1979), which authorizes the recovery of costs by a party recovering judgment and contains no exception for a state or county judgment debtor, is specific authority for an award here.”

Dudley v. McCormick, 799 So. 2d 436 (Fla. 1st DCA 2001). · cites it 6× “That Defendant is entitled to reimbursement of costs expended in defending this action pursuant to Section 57.041, Florida Statutes, as a prevailing party and pursuant to Section 768.”

First Prot. Ins. Co. v. Featherston, 978 So. 2d 881 (Fla. 2d DCA 2008). · cites it 7× “In its motion to tax costs, First Protective asserted an entitlement to costs pursuant to section 57.041, Florida Statutes (2005), and Florida Rule of Civil Procedure 1.”

Show all 298 citing cases →

— 57.041(1) — 86 cases

Bessey v. DiFilippo, 951 So. 2d 992 (Fla. 1st DCA 2007). “Bessey filed a motion to tax costs pursuant to section 57.041, Florida Statutes (2005), seeking costs in the amount of ,857.”

Wolfe v. Culpepper Constructors, Inc., 104 So. 3d 1132 (Fla. 2d DCA 2012). “Recovering Costs From The Losing Party Pursuant to Section 57.041 Culpepper contends that the trial court should have awarded it attorney’s fees and costs pursuant to either section 713.”

Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So. 3d 348 (Fla. 4th DCA 2011). “105(7), Florida Statutes (2004), allowing for reciprocal recovery of attorney’s fees pursuant to a contractual prevailing party provision; and (3) section 57.041(1), Florida Statutes (2004), allowing a prevailing party to recover its costs.”

Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315 (Fla. 1983). “If the plaintiff recovers under one theory, he has prevailed in the *1318 litigation and I look upon him as "the party recovering judgment" within the purview of section 57.041, Florida Statutes (1981), and hence entitled to recover all his legal costs.”

The City of Boca Raton, Fl v. Claire L. Basso, 242 So. 3d 1141 (Fla. 4th DCA 2018).

— 57.041(2) — 1 case

Keitel v. Keitel, 701 So. 2d 413 (Fla. 4th DCA 1997).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.