RHODA MANN
v.
ANIMAL AID, INC.
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Rhoda Mann appealed the circuit court's denial of her motion for attorney's fees and request to tax costs. The Fourth District affirmed the denial of attorney's fees but reversed the denial of costs, holding that under Florida Statutes § 57.041(1), a party recovering judgment has a statutory right to recover costs with no judicial discretion to deny.
The court reversed the denial of Mann's request to tax costs. Under § 57.041(1), the party recovering judgment is entitled to recover all legal costs and charges as a matter of right, and the trial court has no discretion to deny such costs. The court affirmed the denial of attorney's fees.
[1] Under Florida Statute section 57.041(1), a trial court has no discretion to deny the party recovering judgment its lawful costs; such costs must be taxed as a matter of r…
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Join FLexlaw to unlock all legal intelligence“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment”
Statutory basis for the right to recover costs under Florida law
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Join FLexlaw to unlock all legal intelligenceRhoda Mann obtained judgment in a case against Animal Aid, Inc. She then filed motions requesting attorney's fees and seeking to tax costs. The circui…
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PER CURIAM.
Rhoda Mann appeals the circuit court’s order denying her motion for attorney’s fees and request to tax costs. We affirm the orders denying attorney’s fees but reverse the order as to Mann’s request to tax costs.
Section 57.041(1), Florida Statutes (2022), states that “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment . . . .” And, “[w]here costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Tower Hill Signature Ins. Co. v. Kushch, 335 So. 3d 743, 753 (Fla. 4th DCA 2022) (quoting Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020)). Because Mann was the “party recovering judgment,” the court erred when it denied her request to tax costs. On remand, the court shall tax costs in favor of Mann.
Affirmed in part, reversed in part, and remanded. MAY, DAMOORGIAN and KUNTZ, JJ., concur.
2
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- Roberts v. Third Palm, LLC, 300 So. 3d 1216 (Fla. 4th DCA 2020)
- Tower Hill Signature Ins. Co. v. Kushch, 335 So. 3d 743 (Fla. 4th DCA 2022)