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The 2024 Florida Statutes
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Total Results: 20
Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00
Snippet: awarding prevailing party costs pursuant to section 57.041, Florida Statutes, and Florida Rule of Civil Procedure
Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00
Snippet: costs to Kenneth Woliner, M.D., pursuant to section 57.041, Florida Statutes, in his action to enforce Florida…Because we agree with the Department that section 57.041 is inapplicable, we reverse as to the trial court…notice requirement. However, the court found section 57.041, Florida Statutes, to be also applicable, and it… must resolve on this appeal is whether section 57.041, Florida Statutes, applies in an action to enforce…Act. We conclude that it does not. Section 57.041, Florida Statutes (2019), states that “[t]he party
Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00
Snippet: the independent investigator) pursuant to section 57.041(1), Florida Statutes (2022) (“The party recovering…Declaration, and the award of costs under section 57.041(1), we need not reach the question of whether the
Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-28T00:00:00-07:00
Snippet: the independent investigator) pursuant to section 57.041(1), Florida Statutes (2022) (“The party recovering…Declaration, and the award of costs under section 57.041(1), we need not reach the question of whether the
Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-21T00:00:00-07:00
Snippet: pursuant to sections 627.428, 626.911, 626.9373, and 57.041, Florida Statutes (2020), and filed a memorandum
Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00
Snippet: as to Mann’s request to tax costs. Section 57.041(1), Florida Statutes (2022), states that “[t]he…And, “[w]here costs are sought based on section 57.041(1), a trial court has no discretion to deny the
Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00
Snippet: court’s order denying costs pursuant to section 57.041, Florida Statutes. Progressive contends…denying its motion to tax costs pursuant to section 57.041. “[W]hether a cost requested may be awarded, at…So. 3d 1141, 1144 (Fla. 4th DCA 2018)). Section 57.041(1), Florida Statutes, provides in pertinent part…charges which shall be included in the judgment.” § 57.041(1), Fla. Stat. “The statute expressly demands …845 So. 2d 332, 334 (Fla. 3d DCA 2003) (“Section 57.041 mandates that a party recovering a judgment is
Court: Fla. Dist. Ct. App. | Date Filed: 2023-11-22T00:00:00-08:00
Snippet: He also moved to tax costs pursuant to section 57.041, Florida Statutes (2021). After a non-evidentiary…his complaint. He claims that pursuant to section 57.041, Florida Statutes (2021), he was
Court: Fla. Dist. Ct. App. | Date Filed: 2023-04-19T00:53:00-07:00
Snippet: also moved for taxable costs pursuant to section 57.041, Florida Statutes (2020).
Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-22T00:53:00-07:00
Snippet: because appellants recovered judgment. See § 57.041(1), Fla. Stat. (2021) (“The party recovering judgment… (Fla. 3d DCA 2000) (noting that, under section 57.041, Florida Statutes, entitlement to costs “is conditioned…So. 2d 883, 884 (Fla. 5th DCA 1989) (“[S]ection 57.041 mandates that every party who recovers a judgment
Court: Fla. Dist. Ct. App. | Date Filed: 2023-01-17T23:53:00-08:00
Snippet: Additionally, Gonzalez seeks costs based on section 57.041, Florida Statutes. As explained below, we affirm…mandatory imposition of costs pursuant to section 57.041. First, we examine the trial court’s denial… Gonzalez’s entitlement to costs under section 57.041, Florida Statutes. The statute uses mandatory language…charges which shall be included in the judgment.” § 57.041(1), Fla. Stat. (emphasis added). A zero judgment…portion of the final judgment denying costs. Section 57.041 requires an award of costs in favor of Gonzalez
Court: Fla. Dist. Ct. App. | Date Filed: 2022-08-17T00:53:00-07:00
Snippet: section 57.041, Florida Statutes, and Florida Rule of Civil Procedure 1.420(d). Section 57.041(1) provides…Annesser sought entitlement to costs under section 57.041, Florida Statutes, and Rule 1.420(d), and fees … plaintiff, dismissed the prior action). So, 57.041(1) fails as a basis for costs because no adjudication…relation to the entitlement to costs under section 57.041(1). Nothing on the record constitutes a dismissal
Court: Fla. Dist. Ct. App. | Date Filed: 2022-02-15T23:53:00-08:00
Snippet: judgment.” § 57.041, Fla. Stat. (2020). “Where costs are sought based on section 57.041(1), a trial court…denying its motion to tax costs pursuant to section 57.041. We review a trial court’s award of these costs…costs in favor of the Insurer pursuant to section 57.041. In summary, we find that the trial court erred…remand for a determination of costs under section 57.041. Reversed and remanded with instructions.
Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-16T23:53:00-08:00
Snippet: accepted, and (2) taxable costs pursuant to section 57.041(1), Florida Statutes (2020). We agree with both…Statutes (2020), and for costs pursuant to section 57.041, Florida Statutes (2020), as the party recovering…the proposal. As to costs pursuant to section 57.041, IDG conceded that KidsEmbrace, as the prevailing…accepted; and (2) taxable costs pursuant to section 57.041(1), as the prevailing party. Each argument will…fees and costs. Taxable Costs Pursuant to Section 57.041(1), Florida Statutes KidsEmbrace also seeks
Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-09T23:53:00-08:00
Snippet: award to Andersen as the prevailing party. Section 57.041, Florida Statutes (2020), states: “The party recovering…Andersen waived its right to costs under section 57.041 by not addressing taxation in its response to Brown…entitlement hearing. Denying costs under section 57.041 in the absence of an evidentiary hearing regarding…regarding Andersen’s entitlement to costs under section 57.041. Affirmed in part, reversed in part, and remanded
Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-08T00:53:00-07:00
Snippet: of costs.” Fla. R. Civ. P. 1.420(d); see also § 57.041(1), Fla. Stat. (2017) (“The party recovering judgment
Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-11T00:53:00-07:00
Snippet: also sought to recover court costs under section 57.041 of the Florida Statutes.
Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-09T00:53:00-07:00
Snippet: court’s denial of costs under section 57.041. Section 57.041 provides that “[t]he party recovering…legal costs.” § 57.041(1), Fla. Stat. (2019). “Where costs are sought based on section 57.041(1), a trial …, Florida Statutes; and (3) costs under section 57.041, Florida Statutes. We affirm the court’s denial…below, they are entitled to costs under section 57.041 as a matter of law. 1 See id. at 1218 (holding …the defendant was entitled to costs under section 57.041 after summary judgment was entered in the defendant
Court: Fla. Dist. Ct. App. | Date Filed: 2020-11-03T23:53:00-08:00
Snippet: awarding section 57.105 attorney’s fees and section 57.041 costs in favor of Justus W. Reid, Justus W. Reid
Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-29T00:53:00-07:00
Snippet: court found no entitlement to costs. Section 57.041(1), Florida Statutes (2017), provides in pertinent…judgment.” Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the