ROLLIE O. LOVETTE, APPELLANT,
v.
FLORIDA DEPARTMENT OF HEALTH, APPELLEE
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The court held that an inmate who successfully obtains a writ of mandamus is entitled to recover court costs.
An inmate filed a petition for writ of mandamus to compel an investigation into a physician's conduct. While the petition was pending, the Department …
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Rollie O. Lovette is an inmate in Martin Correctional Institution. In November 2008, he filed1 a petition for writ of mandamus seeking to compel the Department of Health (“Department”) to investigate a complaint he had filed against a physician in 2007.2 The Department had deemed the complaint legally insufficient for failure to satisfy the requirements of inmate complaints against physicians employed by the Department of Corrections (“DOC”) or providing services in its facilities. Before the petition was heard on the merits, the Department re-reviewed Lovette’s complaint, realized the subject of the complaint neither works for DOC nor provides services in DOC prisons, determined the complaint is legally sufficient, and began an investigation into the allegations. Lovette *327moved for costs3 under section 57.041, Florida Statutes. Because the trial court erroneously denied Lovette’s motion finding that “court costs are not proper in actions such as this,” we reverse the denial and remand for further proceedings.
REVERSED and REMANDED.
WEBSTER, LEWIS and MARSTILLER, JJ., concur.