Florida Statute 57.41 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 CourtListener

Amendments to 57.041

Annotations, Discussions, Cases:

Cases Citing Statute 57.041

Total Results: 277

Stahl v. Metropolitan Dade County

438 So. 2d 14

District Court of Appeal of Florida | Filed: Jun 7, 1983 | Docket: 1731660

Cited 76 times | Published

below against the plaintiff Jerome Stahl. See § 57.041, Fla. Stat. (1981). The defendant Dade County

Price v. Tyler

890 So. 2d 246, 2004 WL 2404056

Supreme Court of Florida | Filed: Oct 28, 2004 | Docket: 957248

Cited 38 times | Published

Statutes (2001) (quiet title actions); and section 57.041, Florida Statutes (2001) (costs in civil actions)

Lindheimer v. St. Paul Fire & Marine Ins.

643 So. 2d 636, 1994 WL 498321

District Court of Appeal of Florida | Filed: Sep 14, 1994 | Docket: 2515461

Cited 38 times | Published

statutory basis or rule authorizing costs. While section 57.041, Florida Statutes (1993), authorizes the recovery

Jones v. ETS of New Orleans, Inc.

793 So. 2d 912, 26 Fla. L. Weekly Supp. 549, 2001 Fla. LEXIS 1695, 2001 WL 987324

Supreme Court of Florida | Filed: Aug 30, 2001 | Docket: 1267206

Cited 37 times | Published

charges which shall be included in the judgment." § 57.041, Florida Statutes. The general rule is that only

Folta v. Bolton

493 So. 2d 440, 11 Fla. L. Weekly 458

Supreme Court of Florida | Filed: Sep 4, 1986 | Docket: 1246690

Cited 37 times | Published

was entitled to recover costs pursuant to section 57.041, Florida Statutes (1979). Folta argues that

Hendry Tractor Co. v. Fernandez

432 So. 2d 1315

Supreme Court of Florida | Filed: Apr 21, 1983 | Docket: 1677618

Cited 26 times | Published

entitled to recover legal costs pursuant to section 57.041(1), Florida Statutes (1979), which provides

Berek v. Metropolitan Dade County

422 So. 2d 838, 1982 Fla. LEXIS 2606

Supreme Court of Florida | Filed: Nov 24, 1982 | Docket: 2451786

Cited 24 times | Published

Petitioner argued to the district court that section 57.041, Florida Statutes (1979),[1]*840 a general

Roberts v. Askew

260 So. 2d 492

Supreme Court of Florida | Filed: Mar 29, 1972 | Docket: 1459439

Cited 23 times | Published

234 So.2d 350) on the ground that Fla. Stat. § 57.041(1), F.S.A., does not exclude the State or its

White v. Steak and Ale of Florida, Inc.

816 So. 2d 546, 2002 WL 571649

Supreme Court of Florida | Filed: Apr 18, 2002 | Docket: 1565600

Cited 22 times | Published

entitled to an award of taxable costs under section 57.041, Florida Statutes (1993). See Williams v. Brochu

Weatherby Associates, Inc. v. Ballack

783 So. 2d 1138, 2001 WL 313735

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 2448525

Cited 22 times | Published

Florida Rule of Civil Procedure 1.420(d) and section 57.041, Florida Statutes. As to Capital Health and

McFarland & Son, Inc. v. Basel

727 So. 2d 266, 1999 WL 12926

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 1438932

Cited 21 times | Published

awarding Plaintiffs their costs pursuant to section 57.041, Florida Statutes. The two cases, # 98-614

B & L MOTORS, INC. v. Bignotti

427 So. 2d 1070

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 1648317

Cited 20 times | Published

attorney's fees in this case. Dock relied upon section 57.041, Florida Statutes, which said that "the party

Berek v. Metropolitan Dade Cty.

396 So. 2d 756, 1981 Fla. App. LEXIS 18979

District Court of Appeal of Florida | Filed: Mar 24, 1981 | Docket: 2537398

Cited 20 times | Published

authority to make such awards. Berek contends that Section 57.041, Florida Statutes (1979), which authorizes

Bailey v. Bailey

392 So. 2d 49

District Court of Appeal of Florida | Filed: Jan 6, 1981 | Docket: 1268808

Cited 20 times | Published

matter) on the recovery of a favorable judgment, see § 57.041, Fla. Stat. (1979), it would appear that both

Wendy's International, Inc. v. Nu-Cape Construction, Inc.

169 F.R.D. 680, 1996 U.S. Dist. LEXIS 16981, 1996 WL 663486

District Court, M.D. Florida | Filed: Nov 14, 1996 | Docket: 66314941

Cited 19 times | Published

suggest that the request was properly within F.S. 57,041 and 57.105 (relying on Bay Financial Savings

Heindel v. Southside Chrysler-Plymouth, Inc.

476 So. 2d 266, 10 Fla. L. Weekly 2260

District Court of Appeal of Florida | Filed: Sep 30, 1985 | Docket: 1681544

Cited 19 times | Published

Fernandez, 432 So.2d 1315 (Fla. 1983), construing section 57.041(1), Florida Statutes (1979). In that case plaintiffs

Williams v. Brochu

578 So. 2d 491, 1991 WL 61807

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 440446

Cited 18 times | Published

award ($1,200) and the plaintiff's costs (per section 57.041, Florida Statutes) of $364.50 incurred prior

Oriental Imports, Inc. v. Alilin

559 So. 2d 442, 1990 WL 41673

District Court of Appeal of Florida | Filed: Apr 12, 1990 | Docket: 1525494

Cited 18 times | Published

pursuant to section 768.79 and costs pursuant to section 57.041 of the Florida Statutes. Both requests were

Tubbs v. Mechanik Nuccio Hearne & Wester, P.A.

125 So. 3d 1034, 2013 WL 3835838, 2013 Fla. App. LEXIS 11736

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60235642

Cited 17 times | Published

RC Highlands sought an award of costs under section 57.041(1), which provides, in pertinent part, that

Simpson v. Merrill

234 So. 2d 350

Supreme Court of Florida | Filed: Apr 15, 1970 | Docket: 1354236

Cited 16 times | Published

case considered the effect of Florida Statute § 57.041(1), F.S.A. which provides: "The party recovering

Winn-Dixie Stores, Inc. v. Reddick

954 So. 2d 723, 2007 Fla. App. LEXIS 6299, 2007 WL 1213418

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 1163972

Cited 15 times | Published

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

Winn-Dixie Stores, Inc. v. Reddick

954 So. 2d 723, 2007 Fla. App. LEXIS 6299, 2007 WL 1213418

District Court of Appeal of Florida | Filed: Apr 26, 2007 | Docket: 1163972

Cited 15 times | Published

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

State Farm Mut. Auto. Ins. Co. v. Marko

695 So. 2d 874, 1997 WL 336269

District Court of Appeal of Florida | Filed: Jun 20, 1997 | Docket: 1522033

Cited 15 times | Published

costs pursuant to section 57.041(1), Florida Statutes (1993). Under section 57.041 "only a prevailing

USB Acquisition Co., Inc. v. Stamm

660 So. 2d 1075, 1995 WL 467820

District Court of Appeal of Florida | Filed: Aug 9, 1995 | Docket: 1647111

Cited 14 times | Published

should be allowed to the prevailing party, section 57.041(1), Florida Statutes; Weitzer Oak Park Estate

In Interest of MP

453 So. 2d 85

District Court of Appeal of Florida | Filed: Jun 14, 1984 | Docket: 250224

Cited 13 times | Published

The court in Simpson held that: Florida Statute § 57.041, F.S.A., provides for the recovery of legal costs

Kendall East Estates, Inc. v. Banks

386 So. 2d 1245

District Court of Appeal of Florida | Filed: Jul 22, 1980 | Docket: 477061

Cited 13 times | Published

the trial court was obliged by the terms of Section 57.041, Florida Statutes (1979) to assess costs in

Granoff v. Seidle

915 So. 2d 674, 2005 WL 2673758

District Court of Appeal of Florida | Filed: Oct 21, 2005 | Docket: 1690653

Cited 11 times | Published

who is entitled to an award of costs under section 57.041, Florida Statutes (2004). Specifically, each

Tacher v. Mathews

845 So. 2d 332, 2003 WL 21179850

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 1728931

Cited 11 times | Published

"judgment" for purposes of a cost award under section 57.041, Fla. Stat. (1995). Following oral argument

C & S CHEMICALS, INC. v. McDougald

754 So. 2d 795, 2000 Fla. App. LEXIS 3673, 2000 WL 313310

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1523549

Cited 11 times | Published

greater award than a prevailing party under section 57.041, Florida Statutes (1995), which governs the

Perez v. Circuit City Stores, Inc.

721 So. 2d 409, 1998 WL 821730

District Court of Appeal of Florida | Filed: Nov 25, 1998 | Docket: 1694693

Cited 11 times | Published

REQUIRE THAT THE COURT NOT CONSIDER FLORIDA STATUTE § 57.041 COSTS ADDED TO A JURY VERDICT IN A FINAL JUDGMENT

In Interest of RW

409 So. 2d 1069

District Court of Appeal of Florida | Filed: Dec 18, 1981 | Docket: 525807

Cited 11 times | Published

such costs absent any specific exemption in section 57.041, Florida Statutes (1969), which provided for

Jacquin-Fla. Distilling Co. v. Reynolds, Smith & Hills, Etc.

319 So. 2d 604

District Court of Appeal of Florida | Filed: Oct 10, 1975 | Docket: 59024

Cited 11 times | Published

Co., 155 Fla. 263, 19 So.2d 799 (Fla. 1944)] § 57.041, F.S. 1973, provides that a party recovering judgment

Spring Lake Imp. Dist. v. Tyrrell

868 So. 2d 656, 2004 WL 535429

District Court of Appeal of Florida | Filed: Mar 19, 2004 | Docket: 451876

Cited 10 times | Published

Lake. Trial costs in this case are governed by section 57.041(1), Florida Statutes (2000), which provides

Dudley v. McCormick

799 So. 2d 436, 2001 WL 1440403

District Court of Appeal of Florida | Filed: Nov 16, 2001 | Docket: 1278069

Cited 10 times | Published

[1]*438 but we do so solely on the authority of section 57.041(1), Florida Statutes (1997). After an automobile

DANNER CONST. COMPANY, INC. v. Reynolds Metals Co.

760 So. 2d 199, 2000 Fla. App. LEXIS 4216, 2000 WL 367737

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 1324816

Cited 10 times | Published

to costs as the prevailing party pursuant to section 57.041(1), Florida Statutes (1997), which provides

City of Miami Beach v. Town of Bay Harbor

380 So. 2d 1112

District Court of Appeal of Florida | Filed: Mar 4, 1980 | Docket: 1403229

Cited 10 times | Published

of Miami v. Murphy, 137 So.2d 825 (Fla. 1962); § 57.041, Fla. Stat. (1979). C The order under review

Land & Sea Petroleum, Inc. v. Business Specialists, Inc.

53 So. 3d 348, 2011 Fla. App. LEXIS 216, 2011 WL 148314

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 60298077

Cited 9 times | Published

contractual prevailing party provision; and (3) section 57.041(1), Florida Statutes (2004), allowing a prevailing

Iannuzzelli v. Lovett

981 So. 2d 557, 2008 WL 1958629

District Court of Appeal of Florida | Filed: May 7, 2008 | Docket: 467929

Cited 9 times | Published

costs as the "prevailing party," pursuant to section 57.041, Florida Statutes (2003)). Although Mr. Lovett

Bessey v. DiFilippo

951 So. 2d 992, 2007 WL 776421

District Court of Appeal of Florida | Filed: Mar 16, 2007 | Docket: 1280417

Cited 9 times | Published

he brought against Frances and Jo Difilippo. Section 57.041(1), Florida Statutes (2005), does not authorize

VIP Real Estate v. Florida Ex. Realty

650 So. 2d 199, 1995 WL 59498

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 1346474

Cited 9 times | Published

Statutes (1993). In addition, appellee relied on section 57.041, Florida Statutes (1993), as the prevailing

VIP Real Estate v. Florida Ex. Realty

650 So. 2d 199, 1995 WL 59498

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 1346474

Cited 9 times | Published

Statutes (1993). In addition, appellee relied on section 57.041, Florida Statutes (1993), as the prevailing

Hough v. Huffman

555 So. 2d 942, 1990 WL 2409

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 1724567

Cited 9 times | Published

which resulted from the accident. Pursuant to section 57.041, Florida Statutes (1987),[1] the trial court

Santiesteban v. McGrath

320 So. 2d 476

District Court of Appeal of Florida | Filed: Oct 21, 1975 | Docket: 1733854

Cited 9 times | Published

argues that the rule must be considered in light of § 57.041, Fla. Stat., which provides that the party recovering

Siegel v. Rowe

71 So. 3d 205, 2011 Fla. App. LEXIS 15722, 2011 WL 4578543

District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2352489

Cited 8 times | Published

their taxable costs against Ms. Leahy-Fernandez. § 57.041(1). Reversed. LaROSE and BLACK, JJ., Concur. NOTES

Bowen v. Brewer

936 So. 2d 757, 2006 WL 2482971

District Court of Appeal of Florida | Filed: Aug 30, 2006 | Docket: 1161810

Cited 8 times | Published

they were entitled to an award of costs under section 57.041. Accordingly, we affirm the $283.59 cost award

Specialty Restaurants Corp. v. Elliott

924 So. 2d 834, 2005 WL 3536144

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 1420233

Cited 8 times | Published

settlement and also seeking costs pursuant to section 57.041, Florida Statutes (1997).[1] Although the appellate

Connell v. City of Plantation

901 So. 2d 317, 2005 Fla. App. LEXIS 6460, 2005 WL 1026562

District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1216646

Cited 8 times | Published

when the arbitration award is unchallenged. Section 57.041, Florida Statutes (2003), provides that the

Wright v. Caruana

640 So. 2d 197, 1994 WL 398338

District Court of Appeal of Florida | Filed: Aug 2, 1994 | Docket: 1371137

Cited 8 times | Published

the prevailing party under Florida Statutes Section 57.041. The Caruanas moved for costs and attorney's

Weitzer Oak Park Estate, Ltd. v. Petto

573 So. 2d 990, 1991 WL 7705

District Court of Appeal of Florida | Filed: Jan 29, 1991 | Docket: 478827

Cited 8 times | Published

the fourth was voluntarily dismissed. Under section 57.041, Florida Statutes (1987), every party who recovers

The Florida Bar v. Davis

419 So. 2d 325, 1982 Fla. LEXIS 2513

Supreme Court of Florida | Filed: Aug 26, 1982 | Docket: 1605797

Cited 8 times | Published

is that they follow the result of the suit, section 57.041, Florida Statutes (1981), Dragstrem v. Butts

City of Fort Pierce v. Davis

400 So. 2d 1242

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 2450243

Cited 8 times | Published

the refusal to award attorneys' fees under Section 57.041, Florida Statutes (1979). AFFIRMED IN PART;

Dragstrem v. Butts

370 So. 2d 416

District Court of Appeal of Florida | Filed: Apr 24, 1979 | Docket: 1482286

Cited 8 times | Published

entitled to the taxing of costs in his favor. § 57.041, Fla. Stat. (1977). Therefore, the trial court

Sottilaro v. Figueroa

86 So. 3d 505, 2012 Fla. App. LEXIS 1787, 2012 WL 385493

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 60307690

Cited 7 times | Published

costs is dependent on the judgment obtained. See § 57.041(1), Fla. Stat. (2010). Reversed and remanded for

Wyatt v. Milner Document Products, Inc.

932 So. 2d 487, 2006 WL 1627240

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 1285417

Cited 7 times | Published

*490 Trial costs in this case are governed by section 57.041(1), Florida Statutes,[1] which hinges on whether

Shipley v. Belleair Group, Inc.

759 So. 2d 28, 2000 WL 299969

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 1736492

Cited 7 times | Published

authorized an award of costs to a prevailing party. See § 57.041, Fla. Stat. (1999). Under the American Rule, the

Mincin v. Short

662 So. 2d 1323, 1995 WL 642745

District Court of Appeal of Florida | Filed: Nov 3, 1995 | Docket: 1683376

Cited 7 times | Published

awarding Mincin all of his taxable costs under section 57.041, Florida Statutes (1993). Accordingly, we reverse

Goode v. Udhwani

648 So. 2d 247, 1994 WL 715169

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 1342306

Cited 7 times | Published

her favor, we hold that § 768.79 controls over § 57.041, Florida Statutes (1991), which allows the taxation

Aldana v. Colonial Palms Plaza, Ltd.

591 So. 2d 953, 17 U.C.C. Rep. Serv. 2d (West) 894, 1991 Fla. App. LEXIS 10791, 1991 WL 217856

District Court of Appeal of Florida | Filed: Oct 29, 1991 | Docket: 541188

Cited 7 times | Published

Fla.R.Civ.P. 1.442, and costs pursuant to section 57.041, Florida Statutes (1989). Landlord relies on

Gunn v. DePaoli

562 So. 2d 427, 1990 WL 80805

District Court of Appeal of Florida | Filed: Jun 15, 1990 | Docket: 131712

Cited 7 times | Published

award of costs as the prevailing party under section 57.041, Florida Statutes (1987), he was not entitled

Coe v. B & D Transp. Services, Inc.

561 So. 2d 469

District Court of Appeal of Florida | Filed: May 25, 1990 | Docket: 1410833

Cited 7 times | Published

award of costs to Budget as the prevailing party. § 57.041, Fla. Stat. (1987). Before final summary judgment

Governing Bd. of St. Johns River Water Management Dist. v. Lake Pickett Ltd.

543 So. 2d 883, 14 Fla. L. Weekly 1341, 1989 Fla. App. LEXIS 3058, 1989 WL 56314

District Court of Appeal of Florida | Filed: Jun 1, 1989 | Docket: 1411704

Cited 7 times | Published

permits the pursuit of proper legal action, to section 57.041, Florida Statutes, which provides that "[t]he

Horn v. Corkland Corp.

518 So. 2d 418, 1988 WL 347

District Court of Appeal of Florida | Filed: Jan 6, 1988 | Docket: 1778156

Cited 7 times | Published

tax costs against Scarborough and Corkland. Section 57.041, Florida Statutes (1985) provides that "the

Thornburg v. Pursell

476 So. 2d 323, 10 Fla. L. Weekly 2345

District Court of Appeal of Florida | Filed: Oct 11, 1985 | Docket: 1277924

Cited 7 times | Published

plaintiffs were the prevailing party in the action. § 57.041, Fla. Stat. (1983). The plaintiffs next correctly

Johnson v. Schneegold

419 So. 2d 684

District Court of Appeal of Florida | Filed: Aug 25, 1982 | Docket: 1604927

Cited 7 times | Published

are not actually parties to the litigation. Section 57.041, Florida Statutes (1981), authorizes recovery

Khodam v. Escondido Homeowner's Ass'n

87 So. 3d 65, 2012 WL 1315327, 2012 Fla. App. LEXIS 6034

District Court of Appeal of Florida | Filed: Apr 18, 2012 | Docket: 60308026

Cited 6 times | Published

1121 (Fla. 3d DCA 1995). Court costs under section 57.041, Florida Statutes, are also “governed by the

Port-A-Weld, Inc. v. Padula & Wadsworth Construction, Inc.

984 So. 2d 564, 2008 Fla. App. LEXIS 7224, 33 Fla. L. Weekly Fed. D 1358

District Court of Appeal of Florida | Filed: May 21, 2008 | Docket: 2549981

Cited 6 times | Published

costs in the amount of $3,168.75, pursuant to § 57.041, Fla. Stat. On September 12, 2006, the trial court

Grip Development, Inc. v. Coldwell Banker Residential Real Estate, Inc.

788 So. 2d 262, 2000 Fla. App. LEXIS 11908, 2000 WL 1345153

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1286433

Cited 6 times | Published

party of the underlying action pursuant to section 57.041, Florida Statutes (1997); the remaining costs

Arellano v. Bisson

761 So. 2d 365, 2000 WL 346147

District Court of Appeal of Florida | Filed: Apr 5, 2000 | Docket: 1709313

Cited 6 times | Published

pursuant to section 57.041, Florida Statutes (1997). Under the language of section 57.041, a prevailing

MacNamara v. KISSIMMEE RIVER VALLEY ASSN.

648 So. 2d 155, 1994 WL 558430

District Court of Appeal of Florida | Filed: Oct 14, 1994 | Docket: 1701932

Cited 6 times | Published

defense of this action was fully justified. See section 57.041(1), Florida Statutes and Oriental Imports,

Luizza v. Yaeger

571 So. 2d 600, 1990 WL 235646

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 1173412

Cited 6 times | Published

recovery of costs as a prevailing party under section 57.041, Florida Statutes (1987), and we therefore

American Bankers Insurance Co. of Fla. v. Benson

254 So. 2d 851

District Court of Appeal of Florida | Filed: Nov 23, 1971 | Docket: 1456420

Cited 6 times | Published

which legal costs and charges may be allowed under § 57.041, Fla. Stat., F.S.A. Therefore, the orders taxing

Allstate Insurance Co. v. Marotta

125 So. 3d 956, 2013 WL 2420451, 2013 Fla. App. LEXIS 8915

District Court of Appeal of Florida | Filed: Jun 5, 2013 | Docket: 60236135

Cited 5 times | Published

limits, and Marotta moved to tax costs under section 57.041, Florida Statutes (2010). In opposition, Allstate

Wolfe v. Culpepper Constructors, Inc.

104 So. 3d 1132, 2012 WL 5935633

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227326

Cited 5 times | Published

Recovering Costs From The Losing Party Pursuant to Section 57.041 Culpepper contends that the trial court should

Segundo v. Reid

20 So. 3d 933, 2009 Fla. App. LEXIS 14589, 2009 WL 3101013

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1639950

Cited 5 times | Published

plaintiff under the prevailing party statute, section 57.041, and the award of costs is not at issue in

Bauer v. Dilib, Inc.

16 So. 3d 318, 2009 Fla. App. LEXIS 13769, 2009 WL 2949296

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 2551212

Cited 5 times | Published

concur. NOTES [1] The plaintiff also relied on section 57.041, Florida Statutes, for its costs request. [2]

FIRST PROTECTIVE INSURANCE COMPANY v. Featherston

978 So. 2d 881, 2008 WL 1757087

District Court of Appeal of Florida | Filed: Apr 18, 2008 | Docket: 1508517

Cited 5 times | Published

asserted an entitlement to costs pursuant to section 57.041, Florida Statutes (2005), and Florida Rule

1 Nation Technology Corp. v. A1 TELETRONICS

924 So. 2d 3, 2005 WL 2654787

District Court of Appeal of Florida | Filed: Oct 19, 2005 | Docket: 1736027

Cited 5 times | Published

them costs as prevailing parties pursuant to section 57.041, Florida Statutes (2002). They also contend

Morales v. Rosenberg

919 So. 2d 476, 2005 WL 2509895

District Court of Appeal of Florida | Filed: Oct 12, 2005 | Docket: 1678471

Cited 5 times | Published

costs incurred in the trial court pursuant to section 57.041 of the Florida Statutes (2004). Morales argued

Lieff v. Sandoval

726 So. 2d 335, 1999 WL 17844

District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1307516

Cited 5 times | Published

party Lieff is entitled to recover his costs. § 57.041, Fla. Stat. (1993); Bridges v. Newton, 556 So

Schneider v. DiPaola

715 So. 2d 284, 1998 WL 210817

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 797867

Cited 5 times | Published

84. The appellants filed this timely appeal. Section 57.041(1), Florida Statutes (1995), provides: "The

Hellmann v. City of Orlando

610 So. 2d 103, 1992 WL 371550

District Court of Appeal of Florida | Filed: Dec 18, 1992 | Docket: 1734670

Cited 5 times | Published

entitled to an award of taxable costs under section 57.041, Florida Statutes. Id. at 493. Section 768

McArthur Farms v. Peterson

586 So. 2d 1273, 1991 WL 193137

District Court of Appeal of Florida | Filed: Sep 30, 1991 | Docket: 1742447

Cited 5 times | Published

rather than all costs which they have incurred. See § 57.041, Fla. Stat. (1989); Kay v. Katzen, 568 So.2d 960

DHRS v. Crossdale

585 So. 2d 481

District Court of Appeal of Florida | Filed: Sep 11, 1991 | Docket: 1688674

Cited 5 times | Published

practice is almost never required for an award. Section 57.041 creates a general right in a prevailing party

Couch v. Drew

554 So. 2d 1185, 1989 WL 146395

District Court of Appeal of Florida | Filed: Dec 7, 1989 | Docket: 1319100

Cited 5 times | Published

Statutes (1983), and statutory costs pursuant to Section 57.041, Florida Statutes (1983). We reverse. Prior

Altamonte Hitch & Trailer v. U-Haul Co.

498 So. 2d 1346

District Court of Appeal of Florida | Filed: Dec 11, 1986 | Docket: 1334902

Cited 5 times | Published

affirmed against both Foreman and Altamonte Hitch. Section 57.041, Florida Statutes (1983) provides that the

City of Miami Beach v. Bules

479 So. 2d 205, 10 Fla. L. Weekly 2619

District Court of Appeal of Florida | Filed: Nov 26, 1985 | Docket: 1514308

Cited 5 times | Published

storage fees were "costs" within the meaning of section 57.041, Florida Statutes (1981). We need not decide

McArthur Dairy, Inc. v. Guillen

470 So. 2d 747, 10 Fla. L. Weekly 1329

District Court of Appeal of Florida | Filed: May 28, 1985 | Docket: 1261719

Cited 5 times | Published

the prevailing party shall recover costs, see § 57.041, Fla. Stat., but gives a windfall to the losing

Insurance Company of North America v. Twitty

319 So. 2d 141

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 1508370

Cited 5 times | Published

prevailing party is entitled to costs and cites F.S. 57.041: "57.041 Costs: recovery from losing party "(1)

Potock v. Turek

227 So. 2d 724

District Court of Appeal of Florida | Filed: Nov 4, 1969 | Docket: 1390351

Cited 5 times | Published

Insurance Company, Fla.App. 1967, 195 So.2d 221; § 57.041, Fla. Stat., F.S.A. Therefore, for the reasons

Albanese Popkin Hughes Cove, Inc. v. Scharlin

141 So. 3d 743, 2014 Fla. App. LEXIS 10513, 2014 WL 3291422

District Court of Appeal of Florida | Filed: Jul 9, 2014 | Docket: 434113

Cited 4 times | Published

prevailing party against a losing party. See § 57.041, Fla. Stat. (2013). APHCI was not the losing party

Rahabi v. Florida Insurance Guaranty Ass'n

71 So. 3d 241, 2011 Fla. App. LEXIS 16142, 2011 WL 4809048

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60302927

Cited 4 times | Published

to recover their costs from FIGA pursuant to section 57.041(1), Florida Statutes (2010) ("The party recovering

Turovets v. Khromov

943 So. 2d 246, 2006 WL 3208499

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1527014

Cited 4 times | Published

partition and as a prevailing party for purposes of section 57.041. In this appeal, appellants challenge the attorney's

Miller v. Hayman

766 So. 2d 1116, 2000 WL 1175682

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 1697850

Cited 4 times | Published

used in assessing prevailing party costs under section 57.041, Florida Statutes (1997), authorize travel

Herzog v. K-Mart Corp.

760 So. 2d 1006, 2000 WL 763627

District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 1324984

Cited 4 times | Published

pre-offer costs, to which they are entitled under section 57.041, Florida Statutes, apparently are yet to be

Network Publications, Inc. v. Bjorkman

756 So. 2d 1028, 2000 WL 300501

District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 1516774

Cited 4 times | Published

court costs. The cost award was based upon section 57.041 of the Florida Statutes (1997), which provides

Lewis v. Bondy

752 So. 2d 1225, 2000 WL 158505

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 213125

Cited 4 times | Published

awarded the full amount of costs taxable under section 57.041, Florida Statutes, rather than limiting this

Westover v. Allstate Insurance Co.

581 So. 2d 988, 1991 WL 115605

District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 1683927

Cited 4 times | Published

Allstate as it is the prevailing party under section 57.041. We strike the award of attorney's fees because

Poole v. TALLAHASSEE MEMORIAL HOSP.

520 So. 2d 627, 1988 WL 8417

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 1300078

Cited 4 times | Published

liability, were entitled to costs, pursuant to Section 57.041, Florida Statutes, which provides that a party

Propst v. Neily

467 So. 2d 398, 10 Fla. L. Weekly 808

District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 1275277

Cited 4 times | Published

complaint is, for purposes of awarding costs under section 57.041(1), Florida Statutes (1979), the "party recovering

Warren Hunnicutt, Jr., Inc. v. Gleason

462 So. 2d 878, 10 Fla. L. Weekly 299

District Court of Appeal of Florida | Filed: Feb 1, 1985 | Docket: 449529

Cited 4 times | Published

favor of the prevailing party as required by section 57.041, Florida Statutes (1983). On remand, the trial

Haskell v. Forest Land and Timber Co., Inc.

426 So. 2d 1251, 1983 Fla. App. LEXIS 18610

District Court of Appeal of Florida | Filed: Feb 10, 1983 | Docket: 1683714

Cited 4 times | Published

and remand with instructions on that point. Section 57.041, Florida Statutes (1981), provides that "[t]he

Allen United Enterprises v. Special Disability Fund

288 So. 2d 204

Supreme Court of Florida | Filed: Jan 9, 1974 | Docket: 1696496

Cited 4 times | Published

case should be controlled by Florida Statutes, Section 57.041(1), which provides that a "party recovering

Foley v. Peckham

256 So. 2d 65

District Court of Appeal of Florida | Filed: Dec 21, 1971 | Docket: 427819

Cited 4 times | Published

suits the mandatory requirement of the statute (§ 57.041 Fla. Stat., F.S.A.) that "The party recovering

THE CITY OF BOCA RATON, FL v. CLAIRE L. BASSO

242 So. 3d 1141

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354238

Cited 3 times | Published

DCA 2007) (internal citation omitted). Section 57.041(1), Florida Statutes (2016), provides that

Wanda Dipaola Stephen Rinko General Partnership v. Beach Terrace Ass'n

173 So. 3d 1014, 2015 Fla. App. LEXIS 9186, 2015 WL 3759500

District Court of Appeal of Florida | Filed: Jun 17, 2015 | Docket: 60250191

Cited 3 times | Published

applied the prevailing party standard instead of section 57.041, Florida Statutes (2012), which awards costs

Ruffa v. Saftpay, Inc.

163 So. 3d 711, 2015 Fla. App. LEXIS 6215, 2015 WL 1940822

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653155

Cited 3 times | Published

prevailing party under section 57.041 of the Florida Statutes (2013). Section 57.041(1) provides in relevant

Audio Visual Innovations, Inc. v. Spiessbach

119 So. 3d 522, 36 I.E.R. Cas. (BNA) 814, 2013 WL 4253239, 2013 Fla. App. LEXIS 12860

District Court of Appeal of Florida | Filed: Aug 16, 2013 | Docket: 60233635

Cited 3 times | Published

prevailing party may recover legal costs. See § 57.041, Fla. Stat. (2011). Moreover, the agreement expressly

Fidelity Warranty Services, Inc. v. Firstate Insurance Holdings, Inc.

98 So. 3d 672, 2012 WL 4511329, 2012 Fla. App. LEXIS 16726

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312521

Cited 3 times | Published

reconsideration on the matter of the prevailing party. See § 57.041(1), Fla. Stat. (2009) (“The party recovering judgment

Winter Park Imports, Inc. v. JM Family Enterprises, Inc.

77 So. 3d 227, 2011 Fla. App. LEXIS 20500, 2011 WL 6439104

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 60304677

Cited 3 times | Published

costs in the amount of $387,436.90, pursuant to section 57.041, Florida Statutes, as well as interest that

Tierra Holdings, Ltd. v. Mercantile Bank

78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2354383

Cited 3 times | Published

party's entitlement to post-offer costs under section 57.041, see Goode v. Udhwani, 648 So.2d 247 (Fla.

Tierra Holdings, Ltd. v. Mercantile Bank

78 So. 3d 558, 2011 Fla. App. LEXIS 7152, 2011 WL 1879200

District Court of Appeal of Florida | Filed: May 18, 2011 | Docket: 2354383

Cited 3 times | Published

party's entitlement to post-offer costs under section 57.041, see Goode v. Udhwani, 648 So.2d 247 (Fla.

Massey v. David

953 So. 2d 599, 2007 WL 713732

District Court of Appeal of Florida | Filed: Mar 12, 2007 | Docket: 1325308

Cited 3 times | Published

proceeding, and Massey was not entitled to costs. See § 57.041(1), Fla. Stat. (1997) ("The party recovering judgment

Pennington & Associates, Inc. v. Evans

932 So. 2d 1253, 2006 WL 1931201

District Court of Appeal of Florida | Filed: Jul 14, 2006 | Docket: 1285856

Cited 3 times | Published

entitled to recovery of its costs pursuant to section 57.041, which provides: "The party recovering judgment

Martinez v. Ipox

925 So. 2d 448, 2006 WL 932544

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1516987

Cited 3 times | Published

proper under the prevailing party costs statute, section 57.041(1), Florida Statutes (2001), which appellees

Michael David Ivey, Inc. v. Salazar

903 So. 2d 329, 2005 WL 1364851

District Court of Appeal of Florida | Filed: Jun 10, 2005 | Docket: 1485876

Cited 3 times | Published

that that he is entitled to costs pursuant to section 57.041, Florida Statutes.[2] In this case, the trial

Gaedeke Holdings v. Mortgage Consultants

877 So. 2d 824, 2004 WL 1505999

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1285123

Cited 3 times | Published

prevailing party in the supplemental proceedings. Section 57.041(1) provides that "[t]he party recovering judgment

NATIONAL ENVIRONMENTAL PRODUCTS v. Falls

678 So. 2d 869, 1996 Fla. App. LEXIS 8864, 1996 WL 471148

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 1470524

Cited 3 times | Published

sets forth that it was being filed pursuant to section 57.041. That statutory provision deals with prevailing

Foremost Ins. Co. v. Warmuth

649 So. 2d 939, 1995 WL 59306

District Court of Appeal of Florida | Filed: Feb 15, 1995 | Docket: 1320826

Cited 3 times | Published

prevailing party or the party recovering judgment. § 57.041, Fla. Stat. (1993). Foremost acknowledged that

Militana v. Ladd

605 So. 2d 580, 1992 WL 240670

District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 2533825

Cited 3 times | Published

judgment for their taxable costs pursuant to section 57.041(1), Florida Statutes (1987), because they were

Kay v. Katzen

568 So. 2d 960, 1990 WL 143659

District Court of Appeal of Florida | Filed: Oct 2, 1990 | Docket: 1526596

Cited 3 times | Published

to all their "legal costs and charges" under Section 57.041, Florida Statutes (1989), because they were

Weeks v. Klimas

566 So. 2d 344, 1990 WL 126214

District Court of Appeal of Florida | Filed: Aug 31, 1990 | Docket: 2589892

Cited 3 times | Published

judgment for their taxable costs pursuant to section 57.041(1), Florida Statutes (1987), because they were

Reinhardt v. Bono

564 So. 2d 1233, 1990 WL 108829

District Court of Appeal of Florida | Filed: Aug 2, 1990 | Docket: 1689043

Cited 3 times | Published

fail to tax costs under rule 1.442. Further, section 57.041, which provides in general that a party recovering

Naples Airport Auth. v. Collier Dev.

515 So. 2d 1058, 1987 WL 1807

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 1467464

Cited 3 times | Published

subsequent motion to tax costs pursuant to section 57.041, Florida Statutes (1985), was granted, and

Daniels v. Arthur Johannessen, Inc.

496 So. 2d 914, 11 Fla. L. Weekly 2253, 1986 Fla. App. LEXIS 10249

District Court of Appeal of Florida | Filed: Oct 24, 1986 | Docket: 1522837

Cited 3 times | Published

Daniels, as the "party recovering judgment" under section 57.041, Florida Statutes, were entitled to the payment

Stump v. Foresi

486 So. 2d 62, 11 Fla. L. Weekly 820

District Court of Appeal of Florida | Filed: Apr 9, 1986 | Docket: 2585620

Cited 3 times | Published

similarly fail to authorize the assessments. Section 57.041 provides for recovery of costs by the prevailing

Maw v. Abinales

463 So. 2d 1245, 10 Fla. L. Weekly 492

District Court of Appeal of Florida | Filed: Feb 20, 1985 | Docket: 448985

Cited 3 times | Published

the prevailing party in civil litigation. See § 57.041, Fla. Stat. (1983). Here, however, we have a contract

ONE 1978 GREEN DATSUN v. State Ex Rel. Manatee County

457 So. 2d 1060

District Court of Appeal of Florida | Filed: Jun 8, 1984 | Docket: 1522343

Cited 3 times | Published

forfeiture proceedings as civil in nature and with section 57.041, Florida Statutes (1981), providing for the

State Ex Rel. Shevin v. INDICO CORPORATION

319 So. 2d 173

District Court of Appeal of Florida | Filed: Aug 28, 1975 | Docket: 444299

Cited 3 times | Published

Court held that under the general costs statute, § 57.041(1), Florida Statutes, costs may be taxed against

Wilkerson v. Johnson

139 So. 3d 965, 2014 WL 2561414, 2014 Fla. App. LEXIS 8794

District Court of Appeal of Florida | Filed: Jun 9, 2014 | Docket: 60241254

Cited 2 times | Published

number of hours expended. The Cost Award Section 57.041, Fla. Stat. (2013), provides: (1) The party

Pelham v. Walker

135 So. 3d 1114, 2013 WL 5225340, 2013 Fla. App. LEXIS 14801

District Court of Appeal of Florida | Filed: Sep 18, 2013 | Docket: 60239404

Cited 2 times | Published

judgment, she was entitled to an award of costs. See § 57.041(1), Fla. Stat. (2011); Wolfe v. Culpepper Constructors

Colonel v. Meyerson

921 So. 2d 690, 2006 WL 248744

District Court of Appeal of Florida | Filed: Feb 3, 2006 | Docket: 1662687

Cited 2 times | Published

the prevailing party entitled to costs under section 57.041, Florida Statutes (2005). Unfortunately, in

Seminole County v. Koziara

881 So. 2d 83, 2004 WL 1856077

District Court of Appeal of Florida | Filed: Aug 20, 2004 | Docket: 1466060

Cited 2 times | Published

below under either 42 U.S.C. section 1988 or section 57.041, Florida Statutes. The trial court apparently

Cheetham v. Brickman

861 So. 2d 82, 2003 WL 22658118

District Court of Appeal of Florida | Filed: Nov 12, 2003 | Docket: 463000

Cited 2 times | Published

judgment is entitled to recover costs under section 57.041, Florida Statutes (2002). See Arellano v. Bisson

Anderson v. King

817 So. 2d 1102, 2002 WL 1300254

District Court of Appeal of Florida | Filed: Jun 14, 2002 | Docket: 1728310

Cited 2 times | Published

Alternatively, he argues he was entitled to costs under section 57.041, Florida Statutes (2001), but that the trial

Hall v. HUMANA HOSPITAL DAYTONA BEACH

733 So. 2d 596, 1999 WL 375575

District Court of Appeal of Florida | Filed: Jun 11, 1999 | Docket: 1188169

Cited 2 times | Published

completed below. They sought the award pursuant to section 57.041[2] on the ground that they were the "prevailing"[3]

Johnson v. Fye

654 So. 2d 1233, 1995 WL 264024

District Court of Appeal of Florida | Filed: May 9, 1995 | Docket: 1293544

Cited 2 times | Published

section 768.79 and $53,627.61 in costs under section 57.041, Florida Statutes (1991). We affirm in part

Florida Insurance Guaranty Ass'n v. Johnson

654 So. 2d 239, 1995 Fla. App. LEXIS 4426, 1995 WL 238665

District Court of Appeal of Florida | Filed: Apr 26, 1995 | Docket: 64755887

Cited 2 times | Published

against FIGA. Their position is that, pursuant to section 57.041, Florida Statutes (1991), costs are recovered

Liebling v. FLORIDA ENERGY MANAGEMENT

619 So. 2d 441, 1993 WL 188009

District Court of Appeal of Florida | Filed: Jun 4, 1993 | Docket: 1382315

Cited 2 times | Published

filed a motion to tax costs pursuant *443 to section 57.041, Florida Statutes (1991), as the prevailing

Norris & Associates of Naples, Inc. v. Elkins

570 So. 2d 1386, 1990 WL 202690

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1348942

Cited 2 times | Published

award and enter an award for costs pursuant to section 57.041, Florida Statutes (1989). Affirmed in part

Gimbel v. Intern. Mailing & Printing Co.

506 So. 2d 1081, 12 Fla. L. Weekly 1121

District Court of Appeal of Florida | Filed: Apr 29, 1987 | Docket: 1336562

Cited 2 times | Published

not under the strict liability count. Citing section 57.041(1), which provides for payment of costs by

Greene v. School Bd. of Hamilton County

501 So. 2d 50, 37 Educ. L. Rep. 734, 12 Fla. L. Weekly 230, 1987 Fla. App. LEXIS 6196

District Court of Appeal of Florida | Filed: Jan 6, 1987 | Docket: 1527635

Cited 2 times | Published

section 448.08, Florida Statutes (1985) and section 57.041, Florida Statutes (1985). The order is therefore

Upson v. Hazelrig

444 So. 2d 1127

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 348530

Cited 2 times | Published

entitled to recover judgment and thus costs under Section 57.041, Florida Statutes (1983), Raffel v. Magarian

Puder v. Revitz

424 So. 2d 76

District Court of Appeal of Florida | Filed: Dec 14, 1982 | Docket: 1297558

Cited 2 times | Published

defendant counterclaimants, Revitz and Flagler. Section 57.041, Florida Statutes (1979). Accordingly, we decline

Ball v. Papp

317 So. 2d 801

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 1692373

Cited 2 times | Published

service fees, and court reporter's fees." Unlike § 57.041, F.S. 1973, the general statute on the recovery

Magdalena v. Toyota Motor Corp.

253 So. 3d 24

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6235082

Cited 1 times | Published

conveniens and its later finding that, pursuant to section 57.041, Florida Statutes (2016), and Florida Rule

Olson v. Pickett Downs Unit IV Homeowner's Ass'n

205 So. 3d 869, 2016 Fla. App. LEXIS 17883

District Court of Appeal of Florida | Filed: Dec 2, 2016 | Docket: 4550612

Cited 1 times | Published

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

Citizens Property v. Ernesto & Rebecca Bascuas

178 So. 3d 902, 2015 Fla. App. LEXIS 15183

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919771

Cited 1 times | Published

Florida Statutes (2012)) and costs' under section 57.041, Flórida Statutes1 (2012). Bascuas sought fees

Caribbean Condominium v. City of Flagler Beach

178 So. 3d 426, 2015 Fla. App. LEXIS 13903, 2015 WL 5456819

District Court of Appeal of Florida | Filed: Sep 18, 2015 | Docket: 60251468

Cited 1 times | Published

it was entitled to recover costs pursuant to section 57.041, Florida Statutes (2010). In February 2010

Shirley's Personal Care Services of Okeechobee, Inc. v. Boswell

165 So. 3d 824, 2015 Fla. App. LEXIS 8470, 2015 WL 3480289

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 60248243

Cited 1 times | Published

to costs, which may be awarded pursuant to section 57.041 to “any party recovering judgment.” See First

Air Turbine Technology, Inc. v. Quarles & Brady, LLC, Quarles & Brady, LLP and Richard Horn

165 So. 3d 816, 2015 Fla. App. LEXIS 8477, 2015 WL 3480236

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679296

Cited 1 times | Published

(Fla.2004) (construing the term “costs” in section 57.041, Florida Statutes (2001), as not including

Frischer v. Quintana

151 So. 3d 491, 2014 Fla. App. LEXIS 14954, 2014 WL 4723585

District Court of Appeal of Florida | Filed: Sep 24, 2014 | Docket: 1330441

Cited 1 times | Published

denying him costs as the prevailing party under section 57.041, Florida Statutes (2011). We affirm the

George Jackmore v. In Re: Estate of William Jackmore, etc.

145 So. 3d 170

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 368120

Cited 1 times | Published

Statutes (2011), such awards are authorized under section 57.041(1), Florida Statutes (2011), if timely requested

Tesla Electric, Armature & Machine, Inc. v. JLM Advanced Technical Services, Inc.

128 So. 3d 865, 2013 WL 6480980

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60237182

Cited 1 times | Published

Florida Statutes (2012), and for costs under section 57.041, Florida Statutes (2012). JLM prevailed on

H. Allen Holmes, Inc. v. Jim Molter, Inc.

127 So. 3d 695, 2013 WL 6081768, 2013 Fla. App. LEXIS 18429

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60236812

Cited 1 times | Published

or defendant, with respect to the contract.”); § 57.041(1), Fla. Stat. (2012) (“The party recovering judgment

Florida Department of Agriculture and Consumer Services v. Cox

54 So. 3d 1026, 2011 Fla. App. LEXIS 539, 2011 WL 222170

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 2407992

Cited 1 times | Published

for costs as the prevailing party pursuant to section 57.041, Florida Statutes. This action involves the

Gawtrey v. Hayward

50 So. 3d 739, 2010 Fla. App. LEXIS 19461, 35 Fla. L. Weekly Fed. D 2886

District Court of Appeal of Florida | Filed: Dec 22, 2010 | Docket: 2401358

Cited 1 times | Published

requested an award of her taxable costs under section 57.041, Florida Statutes (2008). The parties stipulated

Vick v. Vick

993 So. 2d 1135, 2008 WL 4753755

District Court of Appeal of Florida | Filed: Oct 31, 2008 | Docket: 1383236

Cited 1 times | Published

satisfied. Id. at 1151; § 57.115, Fla. Stat. (2007); § 57.041, Fla. Stat. (2007); § 59.46, Fla. Stat. (2007)

Islander Beach Club Condominium v. Skylark

975 So. 2d 1208, 2008 Fla. App. LEXIS 3143, 2008 WL 610702

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 2535918

Cited 1 times | Published

reconsideration of Skylark's costs pursuant to section 57.041, Florida Statutes.[3] REVERSED and REMANDED

Islander Beach Club Condominium v. Skylark

975 So. 2d 1208, 2008 Fla. App. LEXIS 3143, 2008 WL 610702

District Court of Appeal of Florida | Filed: Mar 7, 2008 | Docket: 2535918

Cited 1 times | Published

reconsideration of Skylark's costs pursuant to section 57.041, Florida Statutes.[3] REVERSED and REMANDED

Midway Services, Inc. v. CME

974 So. 2d 427

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1367477

Cited 1 times | Published

costs as the prevailing party pursuant to section. 57.041, Florida Statutes (2003). M at 320. The Fourth

Wood v. Panton & Co. Realty, Inc.

950 So. 2d 534, 2007 Fla. App. LEXIS 4198, 2007 WL 837187

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1501476

Cited 1 times | Published

for Taxation of Costs in Civil Actions and in section 57.041, Florida Statutes (2006). The trial court awarded

Higgs v. Klock

873 So. 2d 591, 2004 Fla. App. LEXIS 7357, 2004 WL 1161740

District Court of Appeal of Florida | Filed: May 26, 2004 | Docket: 64830709

Cited 1 times | Published

expression, "party recovering judgment,” under section 57.041, Florida Statutes (2002), and the much more

AMERICAN GENERAL LIFE AND ACC. INS. CO. v. Spurlock

821 So. 2d 1132, 2002 WL 1343545

District Court of Appeal of Florida | Filed: Jun 21, 2002 | Docket: 1235846

Cited 1 times | Published

inasmuch as Spurlock was the prevailing party. See § 57.041, Fla. Stat. (1995). Reversed in part and affirmed

NORTH LAKELAND PAIN AND TRAUMA, INC. v. Benson

813 So. 2d 1075, 2002 Fla. App. LEXIS 5184, 2002 WL 662341

District Court of Appeal of Florida | Filed: Apr 24, 2002 | Docket: 256156

Cited 1 times | Published

Benson was entitled to recover her costs under section 57.041, Florida Statutes (2001). Accordingly, we affirm

Pines v. Growers Service Co., Inc.

787 So. 2d 85, 2001 WL 273212

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1744935

Cited 1 times | Published

pursuant to chapter 713 and costs pursuant to section 57.041, Florida Statutes (1999). Appellants, asserting

Snyder v. Bell

746 So. 2d 1100, 1999 WL 770672

District Court of Appeal of Florida | Filed: Sep 24, 1999 | Docket: 1360198

Cited 1 times | Published

Additionally, Snyder's argument that application of section 57.041 is mandatory fails because we conclude that

Henson v. James M. Barker Co., Inc.

636 So. 2d 887, 1994 WL 190006

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 1715344

Cited 1 times | Published

that the trial court erred in this regard. Section 57.041, Florida Statutes (1991), provides in pertinent

Nemours Foundation v. Gauldin

601 So. 2d 574, 1992 Fla. App. LEXIS 5384, 1992 WL 100627

District Court of Appeal of Florida | Filed: May 15, 1992 | Docket: 1710932

Cited 1 times | Published

prevailing party can recover costs pursuant to section 57.041, Florida Statutes (1989). The parties can also

Globe Auto Imports, Inc. v. Golden

567 So. 2d 899, 1990 Fla. App. LEXIS 7849, 1990 WL 114724

District Court of Appeal of Florida | Filed: Oct 12, 1990 | Docket: 1381375

Cited 1 times | Published

The issue of recovery of costs is resolved by section 57.041 prescribing that "[t]he party recovering judgment

Balseca v. Callies Elec., Inc.

566 So. 2d 322, 1990 Fla. App. LEXIS 6357, 1990 WL 120676

District Court of Appeal of Florida | Filed: Aug 21, 1990 | Docket: 1529092

Cited 1 times | Published

Although Hough involved an award of costs under section 57.041, Florida Statutes (1987), the Hough court suggested

John Porath and Sandra Porath v. Gina Nugent

District Court of Appeal of Florida | Filed: Apr 9, 2025 | Docket: 69864090

Published

denying Landlord entitlement to costs under section 57.041, Florida Statutes (2022). On that issue, we

ARI Financial Services, Inc. v. Crystal Capital Fund Series, LLC

District Court of Appeal of Florida | Filed: Jan 8, 2025 | Docket: 69525645

Published

So. 3d 1262, 1263 (Fla. 3d DCA 2024). Under section 57.041, Florida Statutes (2023), the “party recovering

Florida Department of Health v. Kenneth Woliner, M.D.

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218534

Published

costs to Kenneth Woliner, M.D., pursuant to section 57.041, Florida Statutes, in his action to enforce

Alvarez, Feltman & Da Silva, P.L., Etc. v. Citizens Property Insurance Corporation

District Court of Appeal of Florida | Filed: Oct 2, 2024 | Docket: 69218174

Published

awarding prevailing party costs pursuant to section 57.041, Florida Statutes, and Florida Rule of Civil

Leslie Gratz, etc. v. 1750 James Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Aug 28, 2024 | Docket: 68526218

Published

of the independent investigator) pursuant to section 57.041(1), Florida Statutes (2022) (“The party recovering

Progressive American Insurance Company v. Chiropractic Clinics of South Florida, PL, a/a/o Edward Hall

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553879

Published

trial court’s order denying costs pursuant to section 57.041, Florida Statutes. Progressive contends

Rhoda Mann v. Animal Aid, Inc.

District Court of Appeal of Florida | Filed: May 22, 2024 | Docket: 68553302

Published

order as to Mann’s request to tax costs. Section 57.041(1), Florida Statutes (2022), states that “[t]he

Peter Serrao v. Mantis Funding, LLC and Eward Lovette

District Court of Appeal of Florida | Filed: Nov 22, 2023 | Docket: 68028878

Published

FLSA. He also moved to tax costs pursuant to section 57.041, Florida Statutes (2021). After a non-evidentiary

MARK SPANAKOS v. HAWK SYSTEMS, INC.

District Court of Appeal of Florida | Filed: Apr 19, 2023 | Docket: 67221676

Published

Defendants also moved for taxable costs pursuant to section 57.041, Florida Statutes (2020).

LOUIS CARAMBOT v. LIZET MONCION

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 65358317

Published

because appellants recovered judgment. See § 57.041(1), Fla. Stat. (2021) (“The party recovering

VIRGINIA HADAD GONZALEZ v. MILLIN A. NOBREGAS

District Court of Appeal of Florida | Filed: Jan 18, 2023 | Docket: 66738022

Published

Additionally, Gonzalez seeks costs based on section 57.041, Florida Statutes. As explained below, we affirm

JOHN ANNESSER v. INNOVATIVE SERVICE TECHNOLOGY MANAGEMENT SERVICES, INC.

District Court of Appeal of Florida | Filed: Aug 17, 2022 | Docket: 64898825

Published

Annesser sought entitlement to costs under section 57.041, Florida Statutes, and Rule 1.420(d), and fees

TOWER HILL SIGNATURE INSURANCE COMPANY v. ALEX KUSHCH

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008454

Published

denying its motion to tax costs pursuant to section 57.041. We review a trial court’s award of these costs

INSPIRED PRODUCTS GROUP, LLC d/b/a KIDSEMBRACE, LLC v. INSPIRED DEVELOPMENT GROUP, LLC

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493096

Published

accepted, and (2) taxable costs pursuant to section 57.041(1), Florida Statutes (2020). We agree with

THE ANDERSEN FIRM, PC v. SCOTT A. BROWN

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858346

Published

award to Andersen as the prevailing party. Section 57.041, Florida Statutes (2020), states: “The party

JOSE TORRES v. THE BANK OF NEW YORK AS TRUSTEE

District Court of Appeal of Florida | Filed: Sep 8, 2021 | Docket: 60368608

Published

of costs.” Fla. R. Civ. P. 1.420(d); see also § 57.041(1), Fla. Stat. (2017) (“The party recovering judgment

FRANK DIGIACOMO and LAW OFFICE OF FRANK DIGIACOMO, ESQUIRE, P.A. v. KOGAN & DISALVO, P.A. and GEICO GENERAL INSURANCE COMPANY

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971149

Published

105, Florida Statutes; and (3) costs under section 57.041, Florida Statutes. We affirm the court’s denial

MERYL M. LANSON v. JUSTUS W. REID

District Court of Appeal of Florida | Filed: Nov 4, 2020 | Docket: 18615739

Published

awarding section 57.105 attorney’s fees and section 57.041 costs in favor of Justus W. Reid, Justus W

THIRD PALM LLC and RIVIERA BEACH INVESTORS, LLC v. KIM- RENEE ROBERTS

District Court of Appeal of Florida | Filed: Jul 29, 2020 | Docket: 17391431

Published

the court found no entitlement to costs. Section 57.041(1), Florida Statutes (2017), provides in pertinent

JOSHUA CAMPOS and INSTA INSURE, LLC v. ARANA AUTO INSURANCE & MULTISERVICES AGENCY CORP.

District Court of Appeal of Florida | Filed: Apr 15, 2020 | Docket: 17070187

Published

forth the items claimed to be taxable.” Section 57.041(1), Florida Statutes (2018), provides in pertinent

H. GREG LEE, PERSONAL REPRESENTATIVE OF THE ESTATE OF RAYMOND CONSUL v. MARK CHMIELEWSKI AS COURT APPOINTED GUARDIAN FOR MATTHEW MARTIN

District Court of Appeal of Florida | Filed: Nov 15, 2019 | Docket: 16472141

Published

final judgment awarding costs pursuant to section 57.041, Florida Statutes (2017). Reversed

PHYLIS HEID v. FLORIDA INSURANCE GUARANTY ASSOC.

District Court of Appeal of Florida | Filed: Oct 11, 2019 | Docket: 16322819

Published

that she is entitled to costs pursuant to section 57.041, Florida Statutes (2012), because FIGA's

VALERIE K. SHERMAN v. MYRON K. SHERMAN

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243980

Published

below, for the other costs of suit, pursuant to section 57.041(1), Florida Statutes (2018). Because the trial

Florida Department of Health v. Joseph Redner, an individual

District Court of Appeal of Florida | Filed: Aug 23, 2019 | Docket: 16104179

Published

Joseph Redner as a prevailing party pursuant to § 57.041, Florida Statutes. While this costs-related appeal

MARCO MARINE CONSTRUCTION, INC. v. REBECCA KOPRAS

268 So. 3d 259

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950631

Published

as the prevailing party in accordance with section 57.041, Florida Statutes (2012). Marco is not challenging

Maloy v. Scottsdale Ins. Co.

376 F. Supp. 3d 1249

District Court, M.D. Florida | Filed: Mar 26, 2019 | Docket: 64324094

Published

pursuant to Fed. R. Civ. P. 54(d), Fla. Stat. § 57.041, and Fla. Stat. § 626.9373. While defendant Scottsdale

JOSE TORRES v. THE BANK OF NEW YORK AS TRUSTEE

252 So. 3d 274

District Court of Appeal of Florida | Filed: Aug 22, 2018 | Docket: 7712377

Published

of costs.” Fla. R. Civ. P. 1.420(d); see also § 57.041(1), Fla. Stat. (2017) (“The party recovering judgment

ANTHONY HAWKS v. JEANNE ELLEN LIBIT

251 So. 3d 321

District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511596

Published

a motion for $3254.99 in costs pursuant to section 57.041(1), Florida Statutes (2016). Libit opposed

GONZALEZ v. COCONUT KEY HOMEOWNERS ASSOC., INC.

246 So. 3d 428

District Court of Appeal of Florida | Filed: May 9, 2018 | Docket: 6521876

Published

Khodam, 87 So. 3d at 66. Court costs under section 57.041, Florida Statutes (2008), are also “‘governed

Dianya Markovits v. State Farm Mutual Automobile Insurance Company

235 So. 3d 1018

District Court of Appeal of Florida | Filed: Jan 3, 2018 | Docket: 6261363

Published

and was awarded costs as a prevailing party. See § 57.041, Fla. Stat. (2014). Therefore, although section

NATALIE FERNANDES, ETC. v. SOVEREIGN HEALTHCARE OF PORT ST. LUCIE, d/b/a TIFFANY HALL NURSING, ETC.

District Court of Appeal of Florida | Filed: Dec 6, 2017 | Docket: 6236875

Published

address Fernandes’ motion for costs pursuant to section 57.041(1), Florida Statutes (2014) (“The party recovering

Lana v. Assimakopoulos-Panuthos

228 So. 3d 709, 2017 WL 4764790

District Court of Appeal of Florida | Filed: Oct 20, 2017 | Docket: 6173163

Published

unauthorized but affirming it against the party under section 57.041(1)); Jackmore v. Estate of Jackmore, 145 So

Lana v. Assimakopoulous-Panuthos

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6079352

Published

unauthorized but affirming it against the party under section 57.041(1)); Jackmore v. Estate of Jackmore, 145 So

Boatright v. Philip Morris USA, Inc.

218 So. 3d 962, 2017 WL 1363915, 2017 Fla. App. LEXIS 5018

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4684136

Published

award of costs to the Boatrights pursuant to section 57.041 is affirmed. We certify conflict with the Third

Boatright v. Philip Morris USA, Inc.

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 4820256

Published

Boatrights also moved to recover costs pursuant to section 57.041, Florida Statutes (2013), which was granted

Banner v. Law Office of David J. Stern, P.A.

198 So. 3d 1133, 2016 Fla. App. LEXIS 12810, 2016 WL 4493351

District Court of Appeal of Florida | Filed: Aug 24, 2016 | Docket: 60256410

Published

Fernandez, 432 So.2d 1315 (Fla.1983), construing section 57.041, Florida Statutes (1979).1 In Hendry Tractor

Shirley's Personal Care Services of Okeechobee, Inc. v. Tammy Boswell, an individual Jerry Hernandez, an individual Rebekah Brague, an individual Marilyn Pryor, an individual, and All About You Caregivers, Inc.

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2679283

Published

to costs, which may be awarded pursuant to section 57.041 to “any party recovering judgment.” See First

DFC Tamarac, Inc., d/b/a Tamarac Preschool Academy and Joge Investments, Inc. v. Fatou N. Jackson, a minor, by and through her mother and guardian Coumba Jackson, individually

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595485

Published

motion for attorney’s fees and costs pursuant to section 57.041, Florida Statutes (2012), and section 768.79

DFC Tamarac, Inc. v. Jackson ex rel. Jackson

151 So. 3d 64, 2014 Fla. App. LEXIS 18411, 2014 WL 5834778

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 60244643

Published

motion for attorney’s fees and costs pursuant to section 57.041, Florida Statutes (2012), and section 768.79

Florida State University, Board of Trustees v. Monk

112 So. 3d 173, 2013 WL 1926404, 2013 Fla. App. LEXIS 7600

District Court of Appeal of Florida | Filed: May 10, 2013 | Docket: 60231013

Published

*174appellant, as the prevailing party, under section 57.041, Florida Statutes (2009). Campbell v. State

Campbell v. State, Department of Legal Affairs

110 So. 3d 478, 2013 WL 856719, 2013 Fla. App. LEXIS 3682

District Court of Appeal of Florida | Filed: Mar 8, 2013 | Docket: 60230305

Published

denial of his motion to tax costs pursuant to section 57.041, Florida Statutes (2009). We agree the trial

Anhloan Tran v. Anvil Iron Works, Inc.

110 So. 3d 923, 2013 WL 561458, 2013 Fla. App. LEXIS 2400

District Court of Appeal of Florida | Filed: Feb 15, 2013 | Docket: 60230521

Published

served a timely motion to tax costs pursuant to section 57.041, Florida Statutes (2005), and to tax attorney’s

Graney v. Caduceus Properties, LLC

93 So. 3d 1243, 2012 WL 3239897, 2012 Fla. App. LEXIS 13305

District Court of Appeal of Florida | Filed: Aug 10, 2012 | Docket: 60310507

Published

as the prevailing parties below, pursuant to section 57.041, Florida Statutes (2011). The lower court also

Hamel v. Reilly

86 So. 3d 1144, 2012 WL 1364989, 2012 Fla. App. LEXIS 6184

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60307550

Published

to taxable costs as the prevailing party. See § 57.041(1), Fla. Stat. (2011). Accordingly, we affirm

Sheppard v. M & R PLUMBING, INC.

82 So. 3d 950, 2011 Fla. App. LEXIS 12251, 2011 WL 3331216

District Court of Appeal of Florida | Filed: Aug 4, 2011 | Docket: 2412550

Published

judgment," moreover, M & R was entitled to costs. § 57.041, Fla. Stat. (2010). See generally Hendry Tractor

Putnam County v. Edmunds

91 So. 3d 156, 2012 WL 2465983

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60309814

Published

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

Allstate Insurance Co. v. Staszower

61 So. 3d 1245, 2011 Fla. App. LEXIS 7587, 2011 WL 2031335

District Court of Appeal of Florida | Filed: May 25, 2011 | Docket: 60300420

Published

was entitled to recover its costs pursuant to section 57.041(1), Florida Statutes (1993), because it was

Lovette v. Florida Department of Health

49 So. 3d 326, 2010 Fla. App. LEXIS 18357, 2010 WL 4909620

District Court of Appeal of Florida | Filed: Dec 3, 2010 | Docket: 60296728

Published

allegations. Lovette *327moved for costs3 under section 57.041, Florida Statutes. Because the trial court

Department of Children and Families v. SE

12 So. 3d 902, 2009 Fla. App. LEXIS 8737, 2009 WL 1872414

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1647119

Published

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

ANTUNEZ v. Whitfield

980 So. 2d 1175, 2008 WL 1733602

District Court of Appeal of Florida | Filed: Apr 16, 2008 | Docket: 1417897

Published

trial de novo or in non-binding arbitration. Section 57.041, Florida Statutes (2006), states: (1) The party

F.A. Richard & Associates v. Fernandez

975 So. 2d 1224, 2008 Fla. App. LEXIS 3309, 2008 WL 623399

District Court of Appeal of Florida | Filed: Mar 10, 2008 | Docket: 64853993

Published

are at issue in the litigation. *1226Under section 57.041, the recovery of costs is generally available

Wedgewood Holdings, Inc. v. Wilpon

972 So. 2d 1044, 2008 WL 183505

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 1650859

Published

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

Mihevic Management, Inc. v. Gardens Homeowners Ass'n

964 So. 2d 226, 2007 Fla. App. LEXIS 13436, 2007 WL 2457397

District Court of Appeal of Florida | Filed: Aug 31, 2007 | Docket: 64852142

Published

entitled to the recovery of his court costs under section 57.041, Florida Statutes (2003). For these reasons

Montano v. State Department of Health

846 So. 2d 610, 2003 Fla. App. LEXIS 7517, 2003 WL 21180406

District Court of Appeal of Florida | Filed: May 21, 2003 | Docket: 64823206

Published

the case below, we reverse the award of costs. § 57.041, Fla. Stat. (2002) (“The party recovering judgment

Ostrich America Corp. v. Broward Water Consultants, Inc.

829 So. 2d 385, 2002 Fla. App. LEXIS 16106, 2002 WL 31465757

District Court of Appeal of Florida | Filed: Nov 6, 2002 | Docket: 64818626

Published

appellees were entitled to costs pursuant to section 57.041(1), Florida Statutes (2001). Also, appellees

Oglesby-Dorminey v. Lucy Ho's Restaurant

815 So. 2d 749, 2002 Fla. App. LEXIS 6102, 2002 WL 857302

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 64814871

Published

against Gemini, together with costs, pursuant to section 57.041(1). The judgment is otherwise affirmed. ERVIN

Interiors by Sharman, Inc. v. Koon

786 So. 2d 1239, 2001 Fla. App. LEXIS 7993, 2001 WL 649853

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 64805961

Published

attorney’s fees, but reverse and remand as to costs. Section 57.041, Florida Statutes (1997), provides, in pertinent

State Farm Mutual Automobile Insurance v. Kujawa

782 So. 2d 1003, 2001 Fla. App. LEXIS 5545, 2001 WL 417666

District Court of Appeal of Florida | Filed: Apr 25, 2001 | Docket: 64804894

Published

judgment, which included pre-judgment interest and section 57.041 costs added to a verdict, should be considered

E & M Marine Corp. v. First Union National Bank

783 So. 2d 311, 2001 Fla. App. LEXIS 4650, 2001 WL 321605

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 64804966

Published

storage for almost three years, pursuant to section 57.041, Florida Statutes (1999).2 We reverse that

Reinke v. Wal-Mart Stores, Inc.

773 So. 2d 592, 2000 Fla. App. LEXIS 15503, 2000 WL 1759851

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 64802427

Published

appeal. This court, in its construction of section 57.041, Florida Statutes (1977),2 observed: “[I]t

Figliolia v. Butler

757 So. 2d 1269, 2000 Fla. App. LEXIS 6226, 2000 WL 668908

District Court of Appeal of Florida | Filed: May 24, 2000 | Docket: 64797305

Published

against Figliolia. We reverse. According to section 57.041(1) of the Florida Statutes (1997), “[t]he party

Green v. USAA Casualty Insurance

754 So. 2d 774, 2000 Fla. App. LEXIS 2625, 2000 WL 266340

District Court of Appeal of Florida | Filed: Mar 13, 2000 | Docket: 64796300

Published

to tax costs as the prevailing party under section 57.041, Florida Statutes. Appellee concedes that appellant

Thurman v. Mistovich

735 So. 2d 605, 1999 Fla. App. LEXIS 9168, 1999 WL 462105

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 64788906

Published

the sole party entitled to an award of costs. Section 57.041(1), Florida Statutes (1997), in pertinent part

The Florida Bar v. Williams

734 So. 2d 417, 24 Fla. L. Weekly Supp. 906, 1999 Fla. LEXIS 906, 1999 WL 345989

Supreme Court of Florida | Filed: May 27, 1999 | Docket: 1441750

Published

party "shall recover all his or her legal costs." § 57.041(1) Fla. Stat.; see Florida Bar v. Davis, 419 So

ETS of New Orleans, Inc. v. Jones

738 So. 2d 958, 1999 Fla. App. LEXIS 5979, 24 Fla. L. Weekly Fed. D 1172

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 64789933

Published

may generally recover only taxable costs. See § 57.041, Fla. Stat. (1997); see also In Re: Statewide

Godbold v. Rosoff

730 So. 2d 423, 1999 Fla. App. LEXIS 5289, 1999 WL 235642

District Court of Appeal of Florida | Filed: Apr 23, 1999 | Docket: 64787542

Published

directions to award appellants’ taxable costs. See § 57.041, Fla. Stat. (1987). AFFIRMED in part; REVERSED

Geis v. Chira

712 So. 2d 1132, 1998 Fla. App. LEXIS 6010, 1998 WL 271300

District Court of Appeal of Florida | Filed: May 29, 1998 | Docket: 64781583

Published

Plumbing Co., 474 So.2d 212 (Fla.1985); see also § 57.041, Fla. Stat. (1995). COBB and PETERSON, JJ., and

Ago

Florida Attorney General Reports | Filed: Mar 2, 1998 | Docket: 3258425

Published

court based its award of appellate costs on section 57.041, Florida Statutes. While the appellate court

Dozier v. City of St. Petersburg

702 So. 2d 593, 1997 Fla. App. LEXIS 13542, 22 Fla. L. Weekly Fed. D 2726

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64777286

Published

recovering costs as the prevailing party under section 57.041, Florida Statutes (1995). We reverse. Dozier’s

Dozier v. City of St. Petersburg

702 So. 2d 593, 1997 Fla. App. LEXIS 13542, 22 Fla. L. Weekly Fed. D 2726

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 64777286

Published

recovering costs as the prevailing party under section 57.041, Florida Statutes (1995). We reverse. Dozier’s

Boulware v. Coalition for the Homeless of Central Florida

702 So. 2d 242, 1997 Fla. App. LEXIS 12779, 1997 WL 713860

District Court of Appeal of Florida | Filed: Nov 14, 1997 | Docket: 64777179

Published

but reverse the order denying costs to appellee. § 57.041, Fla. Stat. (1997); Oriental Imports, Inc. v.

Keitel v. Keitel

701 So. 2d 413, 1997 Fla. App. LEXIS 12746, 1997 WL 699773

District Court of Appeal of Florida | Filed: Nov 12, 1997 | Docket: 64776744

Published

expert witness fee to be “taxed as costs.” Section 57.041(2), Florida Statutes (1995), authorizes a party

W.S.M. v. Department of Health & Rehabilitative Services

692 So. 2d 246, 1997 Fla. App. LEXIS 4133, 1997 WL 193840

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 64772619

Published

father filed a motion to tax costs, invoking section 57.041, Florida Statutes (1993). The father did not

Steinmetz v. G.D. Parker Sod, Inc.

673 So. 2d 968, 1996 Fla. App. LEXIS 5313, 1996 WL 273508

District Court of Appeal of Florida | Filed: May 24, 1996 | Docket: 64764743

Published

appeal, the Steinmetzes argue that pursuant to section 57.041,1 they were entitled to recover those costs

Gordon v. Department of Health & Rehabilitative Services

674 So. 2d 840, 1996 Fla. App. LEXIS 4766, 1996 WL 252700

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 64765045

Published

before us previously on the issue of whether section 57.041, Florida Statutes (1993) requires the trial

Wendy's International, Inc. v. Nu-Cape Construction, Inc.

164 F.R.D. 694, 1996 U.S. Dist. LEXIS 3152, 1996 WL 115439

District Court, M.D. Florida | Filed: Mar 14, 1996 | Docket: 66313321

Published

party” or the “party recovering judgment.” Section 57.041 provides: (1) The party recovering judgment

State, Department of Revenue v. West Flagler Associates, Ltd.

646 So. 2d 853, 1994 Fla. App. LEXIS 12865, 1994 WL 719052

District Court of Appeal of Florida | Filed: Dec 28, 1994 | Docket: 64752788

Published

conceded at oral argument, that award was proper. § 57.041, Fla. Stat. (1989); Simpson v. Merrill, 234 So

Gordon v. Department of Health & Rehabilitative Services

637 So. 2d 948, 1994 Fla. App. LEXIS 5296, 1994 WL 234556

District Court of Appeal of Florida | Filed: May 31, 1994 | Docket: 64748844

Published

ease involves the very narrow issue of whether Section 57.041, Florida Statutes (1993) requires the trial

Oelrich v. De La Puente

634 So. 2d 710, 1994 Fla. App. LEXIS 2560, 1994 WL 76446

District Court of Appeal of Florida | Filed: Mar 15, 1994 | Docket: 64747395

Published

good faith, awarded costs and fees pursuant to section 57.041, *711Florida Statutes (1991), and section 932

State Farm Mutual Automobile Insurance Co. v. Malmberg

623 So. 2d 755, 1993 Fla. App. LEXIS 7928, 1993 WL 284653

District Court of Appeal of Florida | Filed: Jul 30, 1993 | Docket: 64698518

Published

REMANDED. HARRIS, C.J., and PETERSON, J., concur. . § 57.041, Fla.Stat. (1991). . Perhaps it was rejected

In re Lot 20, Block H, Revised Map of Royal Park Addition to Palm Beach

603 So. 2d 714, 1992 Fla. App. LEXIS 9198, 1992 WL 203912

District Court of Appeal of Florida | Filed: Aug 26, 1992 | Docket: 64669314

Published

taxing costs against the state pursuant to section 57.041, Florida Statutes (1989). AFFIRMED. WARNER

Ferrara v. Lumbermens Mutual Casualty Co.

592 So. 2d 1273, 1992 Fla. App. LEXIS 1062, 1992 WL 21879

District Court of Appeal of Florida | Filed: Feb 11, 1992 | Docket: 64664884

Published

at trial, costs were properly assessed under section 57.041, Florida Statutes (1989). Any contention regarding

Van Duyne v. General Rent-A-Car

582 So. 2d 1253, 1991 Fla. App. LEXIS 7996, 1991 WL 144094

District Court of Appeal of Florida | Filed: Jul 31, 1991 | Docket: 64660335

Published

remanded for the assessment of costs authorized in section 57.041, Florida Statutes (1989). RYDER, A.C.J., and

Pflug v. Tucker

575 So. 2d 330, 1991 Fla. App. LEXIS 1879, 1991 WL 29507

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 64656638

Published

and costs for appellants in accordance with section 57.041, Florida Statutes (1983). SCHEB, A.C.J., and

Miles v. Metropolitan Dade County

916 F.2d 1528, 1990 WL 160917

Court of Appeals for the Eleventh Circuit | Filed: Nov 9, 1990 | Docket: 66258846

Published

clerk subject to review by court); Fla.Stat. Ann. § 57.041(2) (West 1969) (“Costs may be collected by execution

Kanaar v. Goodwin

567 So. 2d 1006, 1990 Fla. App. LEXIS 7616, 1990 WL 149788

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 64653575

Published

to tax costs as the prevailing party under section 57.041, Florida Statutes (1989). Defendants moved

Chivers v. Smith

556 So. 2d 798, 1990 Fla. App. LEXIS 842, 1990 WL 11131

District Court of Appeal of Florida | Filed: Feb 14, 1990 | Docket: 64648072

Published

on the issue of liability for the accident. Section 57.041, Florida Statutes, provides that a party “recovering

Association Financial Services, Inc. v. Lewis

551 So. 2d 590, 14 Fla. L. Weekly 2543, 1989 Fla. App. LEXIS 6104, 1989 WL 129782

District Court of Appeal of Florida | Filed: Nov 2, 1989 | Docket: 64645928

Published

were not entitled to an award of costs under section 57.041, Florida Statutes. The order for attorney’s

Alvarez v. Jones

550 So. 2d 555, 14 Fla. L. Weekly 2507, 1989 Fla. App. LEXIS 6001, 1989 WL 125983

District Court of Appeal of Florida | Filed: Oct 26, 1989 | Docket: 64645578

Published

the “party recovering judgment” pursuant to section 57.041(1), Florida Statutes (1987). See Hendry Tractor

Dept. of Health & Rehab. Serv. v. Af

528 So. 2d 87, 1988 WL 68506

District Court of Appeal of Florida | Filed: Jul 7, 1988 | Docket: 1367941

Published

order awarding costs against HRS pursuant to section 57.041, Florida Statutes (1987)[1] in a Chapter 39

In re the Forfeiture of 1982 Park Avenue Buick

505 So. 2d 535, 12 Fla. L. Weekly 899, 1987 Fla. App. LEXIS 7443

District Court of Appeal of Florida | Filed: Apr 1, 1987 | Docket: 64626412

Published

*537Appellee’s motion to tax costs was premised upon Section 57.041(1) Florida Statutes (1985), which states: 57

Minton v. Spivey

505 So. 2d 476, 12 Fla. L. Weekly 718, 1987 Fla. App. LEXIS 7142

District Court of Appeal of Florida | Filed: Mar 6, 1987 | Docket: 64626397

Published

have included his litigation costs pursuant to section 57.041, Florida Statutes (1985). We agree. See Warren

Tanning Research Laboratories, Inc. v. Don Suntan Corp.

482 So. 2d 410, 11 Fla. L. Weekly 104, 1986 Fla. App. LEXIS 5836

District Court of Appeal of Florida | Filed: Jan 2, 1986 | Docket: 64617116

Published

This is an appeal of an award of costs under section 57.041(1), Florida Statutes, to the appellee as the

De Herrera v. Gulf

476 So. 2d 691, 10 Fla. L. Weekly 1989, 1985 Fla. App. LEXIS 15540

District Court of Appeal of Florida | Filed: Aug 20, 1985 | Docket: 64614684

Published

court awarding costs to appellee pursuant to section 57.041, Florida Statutes is reversed. Reversed and

Bank of Central Florida v. Department of Banking and Finance

470 So. 2d 742, 10 Fla. L. Weekly 1313, 1985 Fla. App. LEXIS 14515

District Court of Appeal of Florida | Filed: May 24, 1985 | Docket: 64612553

Published

appraisal conducted by the Department. Moreover, Section 57.041(1), Florida Statutes (1983),6 has no application

Mack v. Garcia

453 So. 2d 465, 1984 Fla. App. LEXIS 14298

District Court of Appeal of Florida | Filed: Jul 18, 1984 | Docket: 64606100

Published

prevailed at every step in this litigation. Section 57.041, Florida Statutes (1983) is the statutory basis

Collins v. Holland

409 So. 2d 1097, 1982 Fla. App. LEXIS 19036

District Court of Appeal of Florida | Filed: Jan 26, 1982 | Docket: 64587937

Published

& Title Co., 170 So.2d 59 (Fla. 3d DCA 1965); § 57.041, Fla.Stat. (1979). To penalize a successful litigant

Fernandez v. Hendry Tractor Co.

406 So. 2d 1213, 1981 Fla. App. LEXIS 21758

District Court of Appeal of Florida | Filed: Dec 1, 1981 | Docket: 64586629

Published

costs, citing section 57.041, Florida Statutes (1979). We agree and reverse. Section 57.041 provides: (1)

Rosalind Holding Co. v. Orlando Utilities Commission

402 So. 2d 1209, 1981 Fla. App. LEXIS 20623, 1981 WL 610480

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 64584811

Published

not dispute the amount of costs — $8,624.67. . § 57.041, Fla.Stat. (1979).

Koffler v. New York Life Insurance

368 So. 2d 671, 1979 Fla. App. LEXIS 21169

District Court of Appeal of Florida | Filed: Mar 20, 1979 | Docket: 64569086

Published

Nespereira, 366 So.2d 859 (Fla. 3d DCA, 1979); and Section 57.041, Florida Statutes (1967).

Bain v. Roma Financial, Inc.

362 So. 2d 1027, 1978 Fla. App. LEXIS 16667

District Court of Appeal of Florida | Filed: Oct 3, 1978 | Docket: 64566357

Published

v. Peek, 102 So.2d 641 (Fla.2d DCA 1958); and § 57.041 Fla.Stats. (1977). Affirmed.

Penny v. Lombardo

350 So. 2d 120, 1977 Fla. App. LEXIS 16454

District Court of Appeal of Florida | Filed: Sep 27, 1977 | Docket: 64560401

Published

jury award was reduced to $784.46. We reverse. Section 57.041(1), Florida Statutes (1975), provides: “The

Murray v. Plastridge, Inc.

338 So. 2d 260, 1976 Fla. App. LEXIS 15626

District Court of Appeal of Florida | Filed: Oct 15, 1976 | Docket: 64555435

Published

Hirsch, 136 So.2d 666 (Fla.3d DCA 1962); F.S. § 57.041. Accordingly, the order denying plaintiff’s motion

Azar Corp. v. Azar

265 So. 2d 79, 1972 Fla. App. LEXIS 6378

District Court of Appeal of Florida | Filed: Jul 21, 1972 | Docket: 64527070

Published

heretofore paid by it.” This is contrary to Fla.Stat. § 57.041, F.S.A. “57.041 Costs; recovery from losing party

Board of Public Instruction v. Feller

234 So. 2d 356, 1970 Fla. LEXIS 2779

Supreme Court of Florida | Filed: Apr 15, 1970 | Docket: 64514304

Published

decision and holds that under Florida Statutes § 57.041, F.S.A., the State or its agencies may be held

Thurman v. Thurman

223 So. 2d 572, 1969 Fla. App. LEXIS 5700

District Court of Appeal of Florida | Filed: Jun 3, 1969 | Docket: 64510203

Published

support the court’s departure from the directions of § 57.041, Fla.Stat., F.S.A., or the rule stated in Burnett

Dock & Marine Construction Corp. v. Parrino

211 So. 2d 57, 1968 Fla. App. LEXIS 5424, 1968 A.M.C. 1682

District Court of Appeal of Florida | Filed: May 28, 1968 | Docket: 64505590

Published

after the judgment had been paid and satisfied. Section 57-041 entitled “Costs; recovery from losing party