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Florida Statute 57.041 | Lawyer Caselaw & Research
F.S. 57.041 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 57.041

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 57
COURT COSTS
View Entire Chapter
F.S. 57.041
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.

F.S. 57.041 on Google Scholar

F.S. 57.041 on Casetext

Amendments to 57.041


Arrestable Offenses / Crimes under Fla. Stat. 57.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 57.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MARCO MARINE CONSTRUCTION, INC. v. KOPRAS,, 268 So. 3d 259 (Fla. App. Ct. 2019)

. . . Kopras also sought and was awarded costs as the prevailing party in accordance with section 57.041, Florida . . .

MALOY, v. SCOTTSDALE INSURANCE COMPANY,, 376 F. Supp. 3d 1249 (M.D. Fla. 2019)

. . . . § 57.041, and Fla. Stat. § 626.9373. . . .

TORRES, v. BANK OF NEW YORK FOR CERTIFICATE HOLDERS CWABS, INC. ASSET BACKED CERTIFICATES SERIES, 252 So. 3d 274 (Fla. App. Ct. 2018)

. . . P. 1.420(d) ; see also § 57.041(1), Fla. . . .

HAWKS, v. LIBIT,, 251 So. 3d 321 (Fla. App. Ct. 2018)

. . . Hawks filed a motion for $3254.99 in costs pursuant to section 57.041(1), Florida Statutes (2016). . . . The court relied on the interpretation and application of section 57.041(1) found in Wyatt v. . . . Hoyt Enterprises, Inc., 604 So.2d 807, 810 (Fla. 1992), to costs awards under section 57.041. . . . The opinion in Moritz addressed neither section 57.041(1) nor costs. . . . But both Hawks and Libit sought costs pursuant to section 57.041(1). . . .

COCONUT KEY HOMEOWNER S ASSOCIATION, INC. v. GONZALEZ,, 246 So. 3d 428 (Fla. App. Ct. 2018)

. . . Court costs under section 57.041, Florida Statutes (2008), are also " 'governed by the 'prevailing party . . . Alilin , 559 So.2d 442, 443 (Fla. 5th DCA 1990) (holding that under section 57.041, a judge does not . . .

CITY OF BOCA RATON, v. L. BASSO,, 242 So. 3d 1141 (Fla. App. Ct. 2018)

. . . Section 57.041(1), Florida Statutes (2016), provides that "[t]he party recovering judgment shall recover . . . but not all counts in the cause of action, is the 'party recovering judgment' for purposes of section 57.041 . . .

CITIZENS PROPERTY INSURANCE CORPORATION, v. ANDERSON,, 241 So. 3d 221 (Fla. App. Ct. 2018)

. . . After prevailing at trial, Anderson sought attorneys' fees and costs pursuant to sections 57.041, 92.231 . . .

MARKOVITS, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 235 So. 3d 1018 (Fla. Dist. Ct. App. 2018)

. . . See § 57.041, Fla. Stat. (2014). . . .

FERNANDES, v. SOVEREIGN HEALTHCARE OF PORT ST. LUCIE, LLC, a d b a LLC, a, 231 So. 3d 12 (Fla. Dist. Ct. App. 2017)

. . . the trial court with instructions • that ⅛ address Fernandes’ motion for costs pursuant to section 57.041 . . .

MAGDALENA, v. TOYOTA MOTOR CORPORATION,, 253 So. 3d 24 (Fla. App. Ct. 2017)

. . . motion to dismiss on the basis of forum non conveniens and its later finding that, pursuant to section 57.041 . . . ANALYSIS The trial court awarded Toyota its costs as the prevailing party under section 57.041. . . . , it was error to award Toyota its costs under section 57.041 because no judgment has been entered, and . . . Section 57.041 Section 57.041 provides in relevant part as follows: Costs; recovery from losing party . . . In conclusion, section 57.041 is clear and unambiguous. . . .

IN RE ESTATE OF X. ASSIMAKOPOULOS, In X. U T A v. M. P. J., 228 So. 3d 709 (Fla. Dist. Ct. App. 2017)

. . . section 57.105(1) against attorneys as unauthorized but affirming it against the party under section 57.041 . . . the prevailing party in the appeal and so would have been entitled to an award of costs under section 57.041 . . . Tetra Pak was the prevailing party and would have been entitled to an award of costs under section 57.041 . . . the prevailing parties in the proceedings below and thus entitled to an award of costs under section 57.041 . . . However, the Alexanders never sought an award of costs in the trial court under section 57.041(1), and . . .

BOATRIGHT v. PHILIP MORRIS USA INC. LLC,, 218 So. 3d 962 (Fla. Dist. Ct. App. 2017)

. . . The court’s award of costs to the Boatrights pursuant to section 57.041 is affirmed. . . . The Boatrights also moved to recover costs pursuant to section 57.041, Florida Statutes (2013), which . . .

W. OLSON, v. PICKETT DOWNS UNIT IV HOMEOWNER S ASSOCIATION, INC., 205 So. 3d 869 (Fla. Dist. Ct. App. 2016)

. . . Turning to the court costs, section 57.041(1), Florida Statutes (2011), provides, in pertinent part, . . .

BANNER, v. LAW OFFICE OF DAVID J. STERN, P. A. J., 198 So. 3d 1133 (Fla. Dist. Ct. App. 2016)

. . . Fernandez, 432 So.2d 1315 (Fla.1983), construing section 57.041, Florida Statutes (1979). . . . Section 57.041(1) provided that "[t]he party recovering judgment shall repover all his or her legal costs . . .

CITIZENS PROPERTY INSURANCE CORP. v. BASCUAS,, 178 So. 3d 902 (Fla. Dist. Ct. App. 2015)

. . . under the offer of judgment statute (section 768.79, Florida Statutes (2012)) and costs' under section 57.041 . . . Bascuas sought fees under' section 627.428(1), Florida Statutes (2012) and costs under section 57.041 . . . Bascuas properly concedes, the trial court erred in failing to grant Citizens its costs under section 57.041 . . . Section 57.041(1), Florida Statutes (2012) provides in pertinent part: "The party recovering judgment . . .

CARIBBEAN CONDOMINIUM, v. CITY OF FLAGLER BEACH,, 178 So. 3d 426 (Fla. Dist. Ct. App. 2015)

. . . inverse condemnation claims, we conclude that it was entitled to recover costs pursuant to section 57.041 . . .

WANDA DIPAOLA STEPHEN RINKO GENERAL PARTNERSHIP, v. BEACH TERRACE ASSOCIATION, INC., 173 So. 3d 1014 (Fla. Dist. Ct. App. 2015)

. . . association because the trial court incorrectly applied the prevailing party standard instead of section 57.041 . . . In Spring Lake, this court held that a party seeking costs under section 57.041(1) is required to meet . . . ” and rejected the prevailing party standard as applicable to an award of costs pursuant to section 57.041 . . . Therefore, it is entitled to costs under section 57.041. . . .

AIR TURBINE TECHNOLOGY, INC. v. QUARLES BRADY, LLC, LLP,, 165 So. 3d 816 (Fla. Dist. Ct. App. 2015)

. . . Tyler, 890 So.2d 246, 253 (Fla.2004) (construing the term “costs” in section 57.041, Florida Statutes . . .

SHIRLEY S PERSONAL CARE SERVICES OF OKEECHOBEE, INC. a v. BOSWELL, a, 165 So. 3d 824 (Fla. Dist. Ct. App. 2015)

. . . However, this pleading requirement does not apply to costs, which may be awarded pursuant to section 57.041 . . .

RUFFA, v. SAFTPAY, INC., 163 So. 3d 711 (Fla. Dist. Ct. App. 2015)

. . . s final point of contention is that she was entitled to costs as the prevailing party under section 57.041 . . . Section 57.041(1) provides in relevant part: “The party recovering judgment shall recover all his or . . . attorney’s fees under section 448.08, an award of costs to the prevailing party pursuant to section 57.041 . . . Moreover, Ruffa’s motion seeking costs directly cited section 448.08, not section 57.041. . . .

DFC TAMARAC, INC. d b a v. N. JACKSON, a, 151 So. 3d 64 (Fla. Dist. Ct. App. 2014)

. . . final order of the trial court denying its motion for attorney’s fees and costs pursuant to section 57.041 . . .

FRISCHER, v. QUINTANA,, 151 So. 3d 491 (Fla. Dist. Ct. App. 2014)

. . . section 57.105, Florida Statutes (2011), and denying him costs as the prevailing party under section 57.041 . . . Section 57.041 provides: (1) The party recovering judgment shall recover all of his or her legal costs . . . Frischer specifically requested costs as the prevailing party pursuant to section 57.041. . . .

JACKMORE, v. In ESTATE OF JACKMORE,, 145 So. 3d 170 (Fla. Dist. Ct. App. 2014)

. . . authorized under section 57.105, Florida Statutes (2011), such awards are authorized under section 57.041 . . .

ALBANESE POPKIN HUGHES COVE, INC. v. SCHARLIN,, 141 So. 3d 743 (Fla. Dist. Ct. App. 2014)

. . . See § 57.041, Fla. Stat. (2013). . . .

WILKERSON, v. JOHNSON,, 139 So. 3d 965 (Fla. Dist. Ct. App. 2014)

. . . The Cost Award Section 57.041, Fla. . . . have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041 . . . Specialists, Inc., 53 So.3d 348, 356 (Fla. 4th DCA 2011) (“Under section 57.041(1), a judge has no discretion . . . Under the plain language of section 57.041 and interpreting case law, however, a trial court lacks the . . .

LOPEZ, Jr. v. BANK OF AMERICA, N. A. BAC LP f k a LP,, 153 So. 3d 922 (Fla. Dist. Ct. App. 2014)

. . . may — based on specific statutory provisions — vary from the general standard set forth in section 57.041 . . .

TESLA ELECTRIC, ARMATURE AND MACHINE, INC. a v. JLM ADVANCED TECHNICAL SERVICES, INC. a A. H. JLM a v. a, 128 So. 3d 865 (Fla. Dist. Ct. App. 2013)

. . . attorney’s fees pursuant to section 542.335(l)(k), Florida Statutes (2012), and for costs under section 57.041 . . . Unlike section 542.335(l)(k), section 57.041 is mandatory. . . .

H. ALLEN HOLMES, INC. v. JIM MOLTER, INC., 127 So. 3d 695 (Fla. Dist. Ct. App. 2013)

. . . .”); § 57.041(1), Fla. . . . See § 57.041(1), Fla. Stat. (2012); Land & Sea Petroleum, Inc. v. Bus. . . . Specialists, Inc., 53 So.3d 348, 356 (Fla. 4th DCA 2011) (“Under section 57.041(1), a judge has no discretion . . .

PELHAM, v. WALKER,, 135 So. 3d 1114 (Fla. Dist. Ct. App. 2013)

. . . See § 57.041(1), Fla. Stat. (2011); Wolfe v. . . .

KASS SHULER, P. A. v. BARCHARD, D. LLC,, 120 So. 3d 165 (Fla. Dist. Ct. App. 2013)

. . . Shuler’s motion for attorney’s fees under the two debt collection practices statutes and under sections 57.041 . . .

AUDIO VISUAL INNOVATIONS, INC. v. G. SPIESSBACH,, 119 So. 3d 522 (Fla. Dist. Ct. App. 2013)

. . . See § 57.041, Fla. Stat. (2011). . . .

L. TUBBS A. v. MECHANIK NUCCIO HEARNE WESTER, P. A. RC N. A. n k a N. A., 125 So. 3d 1034 (Fla. Dist. Ct. App. 2013)

. . . In addition, RC Highlands sought an award of costs under section 57.041(1), which provides, in pertinent . . .

ALLSTATE INSURANCE COMPANY, v. MAROTTA,, 125 So. 3d 956 (Fla. Dist. Ct. App. 2013)

. . . moved to limit the final judgment to the policy limits, and Marotta moved to tax costs under section 57.041 . . .

FLORIDA STATE UNIVERSITY, BOARD OF TRUSTEES, v. MONK,, 112 So. 3d 173 (Fla. Dist. Ct. App. 2013)

. . . have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041 . . .

D. CAMPBELL, v. STATE DEPARTMENT OF LEGAL AFFAIRS,, 110 So. 3d 478 (Fla. Dist. Ct. App. 2013)

. . . Appellant seeks review of the denial of his motion to tax costs pursuant to section 57.041, Florida Statutes . . . have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041 . . .

ANHLOAN TRAN, v. ANVIL IRON WORKS, INC. a, 110 So. 3d 923 (Fla. Dist. Ct. App. 2013)

. . . Tran then served a timely motion to tax costs pursuant to section 57.041, Florida Statutes (2005), and . . . COSTS Section 57.041(1), Florida Statutes (2005), provides that “[t]he party recovering judgment shall . . .

O. WOLFE, II, H. v. CULPEPPER CONSTRUCTORS, INC. v. O. II, H., 104 So. 3d 1132 (Fla. Dist. Ct. App. 2012)

. . . In 2004, this court construed and applied section 57.041(1) in Spring Lake, 868 So.2d 656, which the . . . In Hendry Tractor, the supreme court reviewed the operation of section 57.041(1), Florida Statutes (1979 . . . The opinion in Moritz addressed neither section 57.041(1) nor costs. . . . Finding no authority to counter the plain language of section 57.041(1) and the supreme court’s decision . . . There is a minor, nonrelevant difference between section 57.041 in the 1979 and 2006 versions. . . .

FIDELITY WARRANTY SERVICES, INC. v. FIRSTATE INSURANCE HOLDINGS, INC. PR., 98 So. 3d 672 (Fla. Dist. Ct. App. 2012)

. . . See § 57.041(1), Fla. . . .

WILLIAM G. GRANEY, P. E. KTD v. CADUCEUS PROPERTIES, LLC, a P. A. a, 93 So. 3d 1243 (Fla. Dist. Ct. App. 2012)

. . . lower court awarded costs to Caduceus and TNC as the prevailing parties below, pursuant to section 57.041 . . .

C. HAMEL, v. REILLY,, 86 So. 3d 1144 (Fla. Dist. Ct. App. 2012)

. . . See § 57.041(1), Fla. Stat. (2011). . . .

KHODAM, v. ESCONDIDO HOMEOWNER S ASSOCIATION, INC., 87 So. 3d 65 (Fla. Dist. Ct. App. 2012)

. . . Court costs under section 57.041, Florida Statutes, are also “governed by the ‘prevailing party’ standard . . .

SOTTILARO v. FIGUEROA,, 86 So. 3d 505 (Fla. Dist. Ct. App. 2012)

. . . See § 57.041(1), Fla. Stat. (2010). Reversed and remanded for a new trial. . . .

WINTER PARK IMPORTS, INC. d b a v. JM FAMILY ENTERPRISES, INC., 77 So. 3d 227 (Fla. Dist. Ct. App. 2011)

. . . June 2010, appellees filed a motion seeking costs in the amount of $387,436.90, pursuant to section 57.041 . . .

BOESCH LLC Of L. L. C. a f k a L. L. C. a v. BRADENTON INC., 75 So. 3d 817 (Fla. Dist. Ct. App. 2011)

. . . See §§ 57.041, 86.081, Fla. Stat. (2007). However, Mr. . . .

RAHABI v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., 71 So. 3d 241 (Fla. Dist. Ct. App. 2011)

. . . to determine whether the insureds are entitled to recover their costs from FIGA pursuant to section 57.041 . . . decline to determine whether the insureds are precluded from recovering their costs pursuant to section 57.041 . . . 2003) ("[0]nly a prevailing party who recovers a judgment is entitled to recover costs under section 57.041 . . . .”), or whether the insureds are entitled to recover their costs pursuant to section 57.041 without a . . .

R. SIEGEL A. v. ROWE,, 71 So. 3d 205 (Fla. Dist. Ct. App. 2011)

. . . . § 57.041(1). Reversed. LaROSE and BLACK, JJ., Concur. . . . .

D. SHEPPARD L. v. M R PLUMBING, INCORPORATED, a, 82 So. 3d 950 (Fla. Dist. Ct. App. 2011)

. . . . § 57.041, Fla. Stat. (2010). See generally Hendry Tractor Co. v. . . .

PUTNAM COUNTY, v. EDMUNDS, 91 So. 3d 156 (Fla. Dist. Ct. App. 2011)

. . . We reverse the part of the order denying costs under section 57.041(1), Florida Statutes (2011), and . . .

ALLSTATE INSURANCE COMPANY, v. STASZOWER, H., 61 So. 3d 1245 (Fla. Dist. Ct. App. 2011)

. . . the Second District determined that State Farm was entitled to recover its costs pursuant to section 57.041 . . . order denying State Farm its attorney’s fees under section 768.79 and its costs pursuant to section 57.041 . . . Now section 57.041, Florida Statutes (2011), entitled "Costs; recovery from losing party” and stating . . .

TIERRA HOLDINGS, LTD, v. MERCANTILE BANK, a, 78 So. 3d 558 (Fla. Dist. Ct. App. 2011)

. . . under the offer-of-judgment statute, cuts-off a party’s entitlement to post-offer costs under section 57.041 . . . denied the appellant’s motion for fees and costs and awarded costs to appellee pursuant to section 57.041 . . . incurred after the appellant’s offer was filed, concluding that section 768.79 controlled over section 57.041 . . .

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, v. COX,, 54 So. 3d 1026 (Fla. Dist. Ct. App. 2011)

. . . appeals the trial court’s order denying its request for costs as the prevailing party pursuant to section 57.041 . . . Moreover, section 57.041, Florida Statutes, applies to all civil actions except those that are governed . . .

LAND SEA PETROLEUM, INC. v. BUSINESS SPECIALISTS, INC., 53 So. 3d 348 (Fla. Dist. Ct. App. 2011)

. . . reciprocal recovery of attorney’s fees pursuant to a contractual prevailing party provision; and (3) section 57.041 . . . Regarding the seller’s reliance on section 57.041(1), neither of the brokers opposed that claim. . . . brokerage commission contract; and (4) it should recover its costs against the brokers pursuant to section 57.041 . . . court erred by denying the seller’s motion for taxable costs against the brokers pursuant to section 57.041 . . . Under section 57.041(1), a judge has no discretion to deny recovery of costs to the prevailing party. . . .

GAWTREY, v. HAYWARD,, 50 So. 3d 739 (Fla. Dist. Ct. App. 2010)

. . . Gawtrey also requested an award of her taxable costs under section 57.041, Florida Statutes (2008). . . . Gawtrey her costs under section 57.041(1). See Hendry Tractor Co. v. . . .

O. LOVETTE, v. FLORIDA DEPARTMENT OF HEALTH,, 49 So. 3d 326 (Fla. Dist. Ct. App. 2010)

. . . Lovette moved for costs under section 57.041, Florida Statutes. . . .

ABU- GHAZALEH, v. CHAUL,, 36 So. 3d 691 (Fla. Dist. Ct. App. 2009)

. . . verdict in favor of Abu-Ghazaleh, defendants motioned for attorney’s fees and costs under sections 57.041 . . . prove that the non-named plaintiffs, Van Diepen and CSI, were “parties” within the meaning of sections 57.041 . . .

SEGUNDO, v. REID,, 20 So. 3d 933 (Fla. Dist. Ct. App. 2009)

. . . The trial court awarded costs to the plaintiff under the prevailing party statute, section 57.041, and . . .

BAUER, d b a v. DILIB, INC. a d b a, 16 So. 3d 318 (Fla. Dist. Ct. App. 2009)

. . . The plaintiff also relied on section 57.041, Florida Statutes, for its costs request. . . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. S. E., 12 So. 3d 902 (Fla. Dist. Ct. App. 2009)

. . . As to the award of costs under section 57.041, we affirm without further discussion. . . .

EASTERN ATLANTIC REALTY AND INVESTMENT INC. a v. GSOMR LLC,, 14 So. 3d 1215 (Fla. Dist. Ct. App. 2009)

. . . attorneys’ fees and costs, pursuant to Florida Rule of Civil Procedure 1.442 and sections 768.79 and 57.041 . . .

VICK, v. VICK, Jr., 993 So. 2d 1135 (Fla. Dist. Ct. App. 2008)

. . . Stat. (2007); § 57.041, Fla. Stat. (2007); § 59.46, Fla. Stat. (2007). . . .

PORT- A- WELD, INC. v. PADULA WADSWORTH CONSTRUCTION, INC., 984 So. 2d 564 (Fla. Dist. Ct. App. 2008)

. . . Port>-A-Weld also moved to tax costs in the amount of $3,168.75, pursuant to § 57.041, Fla. Stat. . . . Costs, on the other hand, are recoverable by statute by the “party recovering judgment.” § 57.041, Fla . . .

IANNUZZELLI, v. F. LOVETT,, 981 So. 2d 557 (Fla. Dist. Ct. App. 2008)

. . . judgment was not entitled to attorney fees and costs as the “prevailing party,” pursuant to section 57.041 . . .

FIRST PROTECTIVE INSURANCE COMPANY, v. FEATHERSTON a, 978 So. 2d 881 (Fla. Dist. Ct. App. 2008)

. . . In its motion to tax costs, First Protective asserted an entitlement to costs pursuant to section 57.041 . . . Alilin, 559 So.2d 442, 442 (Fla. 5th DCA 1990), which held that under section 57.041, a trial judge does . . . Oriental Imports recognized that under section 57.041, “ ‘every party who recovers a judgment in a legal . . . Under section 57.041, the recovery of costs is generally available to any “party recovering judgment. . . . The circumstance that First Protective’s motion to tax costs made reference to section 57.041 — which . . .

ANTUNEZ, v. WHITFIELD,, 980 So. 2d 1175 (Fla. Dist. Ct. App. 2008)

. . . Section 57.041, Florida Statutes (2006), states: (1) The party recovering judgment shall recover all . . . Thus, section 57.041 places a party who loses in a non-binding arbitration proceeding and decides to . . . Antunez makes no mention of section 57.041 in his arguments. . . . However, even if the mandatory language of section 57.041 is not taken into consideration, Antunez’ argument . . .

F. A. RICHARD AND ASSOCIATES v. R. FERNANDEZ,, 975 So. 2d 1224 (Fla. Dist. Ct. App. 2008)

. . . Under section 57.041, the recovery of costs is generally available to any “party recovering judgment. . . . costs may-based on specific statutory provisions-vary from the general standard set forth in section 57.041 . . .

ISLANDER BEACH CLUB CONDOMINIUM, v. SKYLARK SPORTS, L. L. C., 975 So. 2d 1208 (Fla. Dist. Ct. App. 2008)

. . . However, we do remand for reconsideration of Skylark’s costs pursuant to section 57.041, Florida Statutes . . . the losing party 'all his or her legal costs and charges which shall be included in the judgment.' § 57.041 . . . Bolton, 493 So.2d 440, 442 (Fla.1986) ("Although section 57.041 provides for costs to ‘the party recovering . . . So.2d 487 (Fla. 4th DCA 2006) (applying a prevailing party standard to determine costs under section 57.041 . . .

WEDGEWOOD HOLDINGS, INC. a v. WILPON,, 972 So. 2d 1044 (Fla. Dist. Ct. App. 2008)

. . . Tyler, 890 So.2d 246, 251 (Fla.2004) (holding that section 57.041, Florida Statutes, which entitles a . . .

MIDWAY SERVICES, INC. v. CUSTOM MANUFACTURING ENGINEERING, INC., 974 So. 2d 427 (Fla. Dist. Ct. App. 2007)

. . . appeal, the plaintiff argued that she was entitled to costs as the prevailing party pursuant to section 57.041 . . . In so doing, the court held that section 44.103(6) did not preclude an award of costs under section 57.041 . . . was silent on “the issue of fees and costs where an arbitration award is unchallenged,” then section 57.041 . . .

MIHEVIC MANAGEMENT, INC. a L. Jr. v. GARDENS HOMEOWNERS ASSOCIATION, INC. a, 964 So. 2d 226 (Fla. Dist. Ct. App. 2007)

. . . Mihevic was entitled to the recovery of his court costs under section 57.041, Florida Statutes (2003) . . .

WINN- DIXIE STORES, INC. v. A. REDDICK A., 954 So. 2d 723 (Fla. Dist. Ct. App. 2007)

. . . Under Florida law, taxable costs are governed by section 57.041, Florida Statutes, and the Statewide . . .

A. WOOD, III, v. PANTON CO. REALTY, INC., 950 So. 2d 534 (Fla. Dist. Ct. App. 2007)

. . . it is used in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and in section 57.041 . . .

BESSEY, v. DIFILIPPO Jo, 951 So. 2d 992 (Fla. Dist. Ct. App. 2007)

. . . Section 57.041(1), Florida Statutes (2005), does not authorize reduction or apportionment of costs on . . . Bessey filed a motion to tax costs pursuant to section 57.041, Florida Statutes (2005), seeking costs . . . (citing section 57.041(1), Florida Statutes (1991), and Hendry Tractor Co. v. . . . The Wright court ruled that the plaintiff should have been awarded her costs pursuant to section 57.041 . . . Liebling filed his own motion to tax costs, pursuant to section 57.041. . . .

MASSEY, v. F. DAVID,, 953 So. 2d 599 (Fla. Dist. Ct. App. 2007)

. . . See § 57.041(1), Fla. . . . Mathews, 845 So.2d 332, 334 (Fla. 3d DCA 2003) (“Section 57.041 mandates that a party recovering a judgment . . . Butler, 757 So.2d 1269, 1270 (Fla. 4th DCA 2000) (“According to section 57.041(1) of the Florida Statutes . . . McCormick, 799 So.2d 436 (Fla. 1st DCA 2001) (affirming award of costs under section 57.041 and indicating . . . in separate appeal, and finding defendant entitled to costs as prevailing party pursuant to section 57.041 . . .

TUROVETS, v. KHROMOV,, 943 So. 2d 246 (Fla. Dist. Ct. App. 2006)

. . . additional attorney’s fees related to the partition and as a prevailing party for purposes of section 57.041 . . .

BOWEN III III, IV v. D. BREWER, L. C., 936 So. 2d 757 (Fla. Dist. Ct. App. 2006)

. . . were the prevailing parties in the litigation, they were entitled to an award of costs under section 57.041 . . . filed a motion for attorney’s fees under section 57.105(1) and to tax costs in accordance with section 57.041 . . . We affirm the cost award under section 57.041. Affirmed in part; reversed in part. . . .

PENNINGTON ASSOCIATES, INC. v. EVANS,, 932 So. 2d 1253 (Fla. Dist. Ct. App. 2006)

. . . attorney’s fees, the prevailing party is also entitled to recovery of its costs pursuant to section 57.041 . . .

WYATT v. MILNER DOCUMENT PRODUCTS, INC. a LLP, M. Jr., 932 So. 2d 487 (Fla. Dist. Ct. App. 2006)

. . . Trial costs in this case are governed by section 57.041(1), Florida Statutes, which hinges on whether . . . SHAHOOD and TAYLOR, JJ., concur. . § 57.041(1) provides, in pertinent part, “The party recovering judgment . . .

MARTINEZ, M. D. M. D. P. A. v. T. IPOX a, 925 So. 2d 448 (Fla. Dist. Ct. App. 2006)

. . . demonstrated that the award of costs was not proper under the prevailing party costs statute, section 57.041 . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. H. G. J. G., 922 So. 2d 1072 (Fla. Dist. Ct. App. 2006)

. . . motion requested for the first time that the court award attorney’s fees and costs pursuant to sections 57.041 . . .

COLONEL, v. E. MEYERSON,, 921 So. 2d 690 (Fla. Dist. Ct. App. 2006)

. . . followed by this court in Granojf in determining the prevailing party entitled to costs under section 57.041 . . .

SPECIALTY RESTAURANTS CORPORATION, v. ELLIOTT a a a, 924 So. 2d 834 (Fla. Dist. Ct. App. 2005)

. . . attorney’s fees and costs based on the proposal for settlement and also seeking costs pursuant to section 57.041 . . . The trial court also determined that SRC was entitled to costs pursuant to section 57.041. . . . pursuant to the proposal for settlement, leaving SRC with solely an award of costs pursuant to section 57.041 . . . Section 57.041 provides for an award of costs to the party recovering judgment. . . . .

C. GRANOFF T. v. K. SEIDLE, 915 So. 2d 674 (Fla. Dist. Ct. App. 2005)

. . . bitter property dispute between two neighbors is who is entitled to an award of costs under section 57.041 . . . Both parties filed motions claiming entitlement to costs under section 57.041. . . . This court, for example, has stated that “[t]he ‘party recovering judgment’ under section 57.041, and . . . See § 57.041, Fla. Stat. (1995).”); Florida Intergovernmental Risk Mgmt. Ass’n v. . . . Lake Pickett Ltd., 543 So.2d 883, 884 (Fla. 5th DCA 1989) ("Election 57.041 mandates that every party . . .

NATION TECHNOLOGY CORP. a v. TELETRONICS, INC. a, 924 So. 2d 3 (Fla. Dist. Ct. App. 2005)

. . . the trial court, appeal from an order denying them costs as prevailing parties pursuant to section 57.041 . . . court to deny them all their costs as prevailing parties in this litigation, as contemplated in section 57.041 . . . They are entitled to their costs as prevailing parties under section 57.041, as Al has conceded. . . . remanded with instructions to award the defendants their costs as prevailing parties under section 57.041 . . .

MORALES, v. ROSENBERG,, 919 So. 2d 476 (Fla. Dist. Ct. App. 2005)

. . . both Morales and Rosenberg moved for an award of costs incurred in the trial court pursuant to section 57.041 . . . Morales argued that the express language of section 57.041 that “[a] party recovering judgment shall . . . be a distinction between the objectively determinable expression, “party recovering judgment,” under 57.041 . . . (“Section 57.041 applies to all civil actions except those that are governed by specific statutes containing . . .

ROSEN BUILDING SUPPLIES, INC. A v. P. KRUPA,, 927 So. 2d 899 (Fla. Dist. Ct. App. 2005)

. . . motions to award attorney’s fees based on section 448.08, Florida Statutes, and costs based on sections 57.041 . . .

MICHAEL DAVID IVEY, INC. v. SALAZAR, 903 So. 2d 329 (Fla. Dist. Ct. App. 2005)

. . . Next, Ivey argues that that he is entitled to costs pursuant to section 57.041, Florida Statutes. . . . Alilin, 559 So.2d 442 (Fla. 5th DCA 1990), we held that under section 57.041, a judge does not have discretion . . . Section 57.041, Florida Statutes, provides: The party recovering judgment shall recover all his or her . . .

ABDONEY, v. YORK,, 903 So. 2d 981 (Fla. Dist. Ct. App. 2005)

. . . The court also awarded York attorney’s fees and costs pursuant to sections 57.041 and 57.105(1), Florida . . .

CONNELL, v. CITY OF PLANTATION,, 901 So. 2d 317 (Fla. Dist. Ct. App. 2005)

. . . Section 57.041, Florida Statutes (2003), provides that the prevailing party in a civil action is entitled . . . liable for costs. (2) Costs may be collected by execution on the judgment or order assessing costs. § 57.041 . . . address the issue of fees and costs where an arbitration award is unchallenged, we rely upon section 57.041 . . . final judgment and a determination of costs to be taxed against the defendant, pursuant to section 57.041 . . .

G. PRICE, v. L. TYLER,, 890 So. 2d 246 (Fla. 2004)

. . . declaratory judgment actions); section 65.061, Florida Statutes (2001) (quiet title actions); and section 57.041 . . . Finally, in its final judgment quieting title, the trial court cited only section 57.041 of the Florida . . . Section 57.041 provides: 57.041 Costs; recovery from losing party.— § 57.041, Fla. Stat. (2001). . . . In this action, the trial court should not have included attorneys’ fees as “costs” because section 57.041 . . .

SEMINOLE COUNTY, v. KOZIARA, 881 So. 2d 83 (Fla. Dist. Ct. App. 2004)

. . . entitled to taxation of costs as the prevailing party below under either 42 U.S.C. section 1988 or section 57.041 . . . statute, the County is entitled to recover at least some costs under the state statute because section 57.041 . . . However, nothing in section 57.041, Florida Statutes or Florida Rule of Civil Procedure 1.525 requires . . .

GAEDEKE HOLDINGS, LTD. a a v. MORTGAGE CONSULTANTS, INC. a, 877 So. 2d 824 (Fla. Dist. Ct. App. 2004)

. . . Section 57.041(1) provides that “[t]he party recovering judgment shall recover all his or her legal costs . . .

A. HIGGS, v. P. KLOCK, Jr. A., 873 So. 2d 591 (Fla. Dist. Ct. App. 2004)

. . . appraiser then filed a motion to tax costs in his favor as the “party recovering judgment” under section 57.041 . . . distinction between the objectively determinable expression, "party recovering judgment,” under section 57.041 . . .

SPRING LAKE IMPROVEMENT DISTRICT, v. TYRRELL D. GTL L. P., 868 So. 2d 656 (Fla. Dist. Ct. App. 2004)

. . . Trial costs in this case are governed by section 57.041(1), Florida Statutes (2000), which provides that . . . prevailed on the significant issues in this litigation and is the prevailing party for purposes of section 57.041 . . .

CHEETHAM, v. BRICKMAN a k a, 861 So. 2d 82 (Fla. Dist. Ct. App. 2003)

. . . clear that only a prevailing party who recovers a judgment is entitled to recover costs under section 57.041 . . .

Dr. MONTANO, M. D. v. STATE DEPARTMENT OF HEALTH,, 846 So. 2d 610 (Fla. Dist. Ct. App. 2003)

. . . . § 57.041, Fla. . . .

TACHER, v. MATHEWS, 845 So. 2d 332 (Fla. Dist. Ct. App. 2003)

. . . $0.00) damage award always constitutes a defense “judgment” for purposes of a cost award under section 57.041 . . . that a zero damage award constitutes a defense judgment for purposes of a cost award under section 57.041 . . . plaintiff was “nevertheless the sole party entitled to recover judgment and thus costs under Section 57.041 . . . Section 57.041 mandates that a party recovering a judgment is entitled, as a matter of right, to recover . . .

INSURANCE COMPANY OF NORTH AMERICA, v. HMY YACHT SALES, INC., 841 So. 2d 563 (Fla. Dist. Ct. App. 2003)

. . . In addition, we reverse the attorney’s fees awarded under sections 57.041 and 768.79, Florida Statutes . . .

OSTRICH AMERICA CORP. a v. BROWARD WATER CONSULTANTS, INC. a Co., 829 So. 2d 385 (Fla. Dist. Ct. App. 2002)

. . . As the parties “recovering judgment,” appellees were entitled to costs pursuant to section 57.041(1), . . .

AMERICAN GENERAL LIFE AND ACCIDENT INSURANCE COMPANY, v. A. SPURLOCK, C. O C., 821 So. 2d 1132 (Fla. Dist. Ct. App. 2002)

. . . See § 57.041, Fla. Stat. (1995). Reversed in part and affirmed in part. . . .

ANDERSON, d b a v. KING,, 817 So. 2d 1102 (Fla. Dist. Ct. App. 2002)

. . . Alternatively, he argues he was entitled to costs under section 57.041, Florida Statutes (2001), but . . . The court also determined that Anderson was not entitled to costs under section 57.041 because he was . . . is unnecessary for us to address his alternative argument that he is entitled to costs under section 57.041 . . .