THE FLORIDA STATE UNIVERSITY, BOARD OF TRUSTEES, APPELLANT,
v.
BRENDA MONK, APPELLEE

Fla. 1st DCA | 2013-05-10
No. 1D12-2949
PADOVANO, THOMAS, and SWANSON, JJ., concur.
112 So. 3d 173 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2009), finding no abuse of discretion. However, the trial court did not have discretion to deny the recovery of costs by *174appellant, as the prevailing party, under section 57.041, Florida Statutes (2009). Campbell v. State, Dep’t of Legal Affairs, 110 So.3d 478 (Fla. 1st DCA Mar.8, 2013). Accordingly, we reverse and remand for the taxation of costs in appellant’s favor.

AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings.

PADOVANO, THOMAS, and SWANSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Wilkerson v. Johnson, 139 So. 3d 965 (Fla. 1st DCA 2014)
    …be collected by execution on the judgment or order assessing costs. Courts have interpreted this statute as removing from the trial court the discretion to deny costs to the prevailing party in a civil action. Fla. State Univ., Bd. of Trs. v. Monk, 112 So. 3d 173, 173-74 (Fla. 1st DCA 2013) (“[T]he trial court did not have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041, Florida Statutes (2009)”); Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So…
  • Messer v. Sander, 182 So. 3d 795 (Fla. 1st DCA 2016)
    …finding the Appellants unreasonably refused to comply with- the easement statute. This Court reviews a denial of an appellant’s motion for attorney’s fees and costs'under the abuse of discretion standard. See Fla. State Univ., Bd. of Trs. v. Monk, 112 So. 3d 173, 173-74 (Fla. 1st DCA 2013) (Mem.); Moore v. Hillsbor-ough. Cty. Sch. Bd., 987 So. 2d 1288, 1289 (Fla. 1st DCA 2008). Section 704.04 provides that attorney’s fees and costs are owed to either party for “unreasonable refusal to comply with the provis…

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