The 2024 Florida Statutes
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. . . Kopras also sought and was awarded costs as the prevailing party in accordance with section 57.041, Florida . . .
. . . . § 57.041, and Fla. Stat. § 626.9373. . . .
. . . P. 1.420(d) ; see also § 57.041(1), Fla. . . .
. . . 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). . . .
. . . 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 . . .
. . . 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 . . .
. . . After prevailing at trial, Anderson sought attorneys' fees and costs pursuant to sections 57.041, 92.231 . . .
. . . See § 57.041, Fla. Stat. (2014). . . .
. . . the trial court with instructions • that ⅛ address Fernandes’ motion for costs pursuant to section 57.041 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . Turning to the court costs, section 57.041(1), Florida Statutes (2011), provides, in pertinent part, . . .
. . . 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 . . .
. . . 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 . . .
. . . inverse condemnation claims, we conclude that it was entitled to recover costs pursuant to section 57.041 . . .
. . . 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. . . .
. . . Tyler, 890 So.2d 246, 253 (Fla.2004) (construing the term “costs” in section 57.041, Florida Statutes . . .
. . . However, this pleading requirement does not apply to costs, which may be awarded pursuant to section 57.041 . . .
. . . 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. . . .
. . . final order of the trial court denying its motion for attorney’s fees and costs pursuant to section 57.041 . . .
. . . 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. . . .
. . . authorized under section 57.105, Florida Statutes (2011), such awards are authorized under section 57.041 . . .
. . . See § 57.041, Fla. Stat. (2013). . . .
. . . 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 . . .
. . . may — based on specific statutory provisions — vary from the general standard set forth in section 57.041 . . .
. . . 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. . . .
. . . .”); § 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 . . .
. . . See § 57.041(1), Fla. Stat. (2011); Wolfe v. . . .
. . . Shuler’s motion for attorney’s fees under the two debt collection practices statutes and under sections 57.041 . . .
. . . See § 57.041, Fla. Stat. (2011). . . .
. . . In addition, RC Highlands sought an award of costs under section 57.041(1), which provides, in pertinent . . .
. . . moved to limit the final judgment to the policy limits, and Marotta moved to tax costs under section 57.041 . . .
. . . have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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. . . .
. . . See § 57.041(1), Fla. . . .
. . . lower court awarded costs to Caduceus and TNC as the prevailing parties below, pursuant to section 57.041 . . .
. . . See § 57.041(1), Fla. Stat. (2011). . . .
. . . Court costs under section 57.041, Florida Statutes, are also “governed by the ‘prevailing party’ standard . . .
. . . See § 57.041(1), Fla. Stat. (2010). Reversed and remanded for a new trial. . . .
. . . June 2010, appellees filed a motion seeking costs in the amount of $387,436.90, pursuant to section 57.041 . . .
. . . See §§ 57.041, 86.081, Fla. Stat. (2007). However, Mr. . . .
. . . 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 . . .
. . . . § 57.041(1). Reversed. LaROSE and BLACK, JJ., Concur. . . . .
. . . . § 57.041, Fla. Stat. (2010). See generally Hendry Tractor Co. v. . . .
. . . We reverse the part of the order denying costs under section 57.041(1), Florida Statutes (2011), and . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 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. . . .
. . . Lovette moved for costs under section 57.041, Florida Statutes. . . .
. . . 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 . . .
. . . The trial court awarded costs to the plaintiff under the prevailing party statute, section 57.041, and . . .
. . . The plaintiff also relied on section 57.041, Florida Statutes, for its costs request. . . . .
. . . As to the award of costs under section 57.041, we affirm without further discussion. . . .
. . . attorneys’ fees and costs, pursuant to Florida Rule of Civil Procedure 1.442 and sections 768.79 and 57.041 . . .
. . . Stat. (2007); § 57.041, Fla. Stat. (2007); § 59.46, Fla. Stat. (2007). . . .
. . . 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 . . .
. . . judgment was not entitled to attorney fees and costs as the “prevailing party,” pursuant to section 57.041 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Tyler, 890 So.2d 246, 251 (Fla.2004) (holding that section 57.041, Florida Statutes, which entitles a . . .
. . . 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 was entitled to the recovery of his court costs under section 57.041, Florida Statutes (2003) . . .
. . . Under Florida law, taxable costs are governed by section 57.041, Florida Statutes, and the Statewide . . .
. . . it is used in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and in section 57.041 . . .
. . . 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. . . .
. . . 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 . . .
. . . additional attorney’s fees related to the partition and as a prevailing party for purposes of section 57.041 . . .
. . . 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. . . .
. . . attorney’s fees, the prevailing party is also entitled to recovery of its costs pursuant to section 57.041 . . .
. . . 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 . . .
. . . demonstrated that the award of costs was not proper under the prevailing party costs statute, section 57.041 . . .
. . . motion requested for the first time that the court award attorney’s fees and costs pursuant to sections 57.041 . . .
. . . followed by this court in Granojf in determining the prevailing party entitled to costs under section 57.041 . . .
. . . 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. . . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . motions to award attorney’s fees based on section 448.08, Florida Statutes, and costs based on sections 57.041 . . .
. . . 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 . . .
. . . The court also awarded York attorney’s fees and costs pursuant to sections 57.041 and 57.105(1), Florida . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Section 57.041(1) provides that “[t]he party recovering judgment shall recover all his or her legal costs . . .
. . . 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 . . .
. . . 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 . . .
. . . clear that only a prevailing party who recovers a judgment is entitled to recover costs under section 57.041 . . .
. . . . § 57.041, Fla. . . .
. . . $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 . . .
. . . In addition, we reverse the attorney’s fees awarded under sections 57.041 and 768.79, Florida Statutes . . .
. . . As the parties “recovering judgment,” appellees were entitled to costs pursuant to section 57.041(1), . . .
. . . See § 57.041, Fla. Stat. (1995). Reversed in part and affirmed in part. . . .
. . . 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 . . .