Florida/Georgia Personal Injury & Workers Compensation

...ich he urges that the cost judgment in this case should also be reversed in view of our reversal of the final summary judgment herein. We entirely agree and accordingly reverse the cost judgment assessed below against the plaintiff Jerome Stahl. See § 57.041, Fla....

...*640 First, the trial court which heard the action for declaratory relief did not have authority to award the Lindheimers costs in a separate and independent action. See Wagner v. Moseley, 104 So.2d 86 (Fla. 2d DCA 1958). Second, it was error to award costs absent a statutory basis or rule authorizing costs. While section 57.041, Florida Statutes (1993), authorizes the recovery of costs from the losing party, St....

...is for such fees. An examination of the statutory provisions even remotely implicated in this action, section 86.081, Florida Statutes (2001) (costs in declaratory judgment actions); section 65.061, Florida Statutes (2001) (quiet title actions); and section 57.041, Florida Statutes (2001) (costs in civil actions), affords no such remedy....

...Stat. (2001). Section 65.061 does not authorize the award of damages and attorneys' fees, and therefore the Prices have no statutory entitlement to such fees under this chapter. Finally, in its final judgment quieting title, the trial court cited only section 57.041 of the Florida Statutes in awarding the Prices attorneys' fees in addition to the costs expended. This was in error. Section 57.041 provides: 57.041 Costs; recovery from losing party....

...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. *253 § 57.041, Fla. Stat. (2001). In this action, the trial court should not have included attorneys' fees as "costs" because section 57.041 does not include attorneys' fees in the definition of litigation costs....

...Hendry Tractor Co. v. Fernandez, 432 So.2d 1315 (Fla. 1983). In Hendry Tractor, we held that a plaintiff in a multicount personal injury action who prevailed on one theory of liability, but lost on another, was entitled to recover costs pursuant to section 57.041, Florida Statutes (1979). Folta argues that under the reasoning of Hendry Tractor and other authority, he was the "prevailing party" and thus, was entitled to recover all the attorney's fees he incurred for the entire litigation. Although section 57.041 provides for costs to "the party recovering judgment" and section 768.56 provides for "prevailing party" attorney fees, we concede that the same principles should be applied under each provision....

...mula, would be limited to taxable costs fails to take into account the limited nature of taxable costs. A prevailing party is entitled to recover from the losing party "all his or her legal costs and charges which shall be included in the judgment." § 57.041, Florida Statutes....

...Hendry Tractor then suggested that the district court's opinion be certified to the Florida Supreme Court as a matter of great public importance. The district court, Schwartz, J., dissenting, heeded this suggestion and the following question was certified: Whether a party is entitled to recover legal costs pursuant to section 57.041(1), Florida Statutes (1979), which provides that the party recovering judgment shall recover all his legal costs, when that party was awarded a judgment on only one of the counts in his multi-count complaint....

...3d DCA, Jan. 5, 1982). For reasons discussed below we find that a plaintiff in a multicount personal injury action who recovers money judgment on at least one but not all counts in the cause of action, is the "party recovering judgment" for purposes of section 57.041(1), Florida Statutes (1979), and therefore is entitled to recover costs. In so deciding, we approve the decision of the district court. Section 57.041(1), Florida Statutes (1979), entitled "Costs; recovery from losing party", provides: (1) The party recovering judgment shall recover all his 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....

...Green, 302 So.2d 772 (Fla. 2d DCA 1974), cert. denied, 315 So.2d 193 (Fla. 1975); Jordon v. Reynolds, 154 So.2d 200 (Fla. 3d DCA 1963). The Fernandezes are clearly the parties recovering judgment and should be awarded costs. As we have stated above, section 57.041(1), Florida Statutes (1979), is entitled "Costs; recovery from losing party " (emphasis added). It follows logically that for Hendry Tractor to recover costs under section 57.041 the Fernandezes should be classified as the "losing parties" in the litigation....

...s from losing party. — In all cases the party recovering the judgment shall recover also all his legal costs and charges which shall be included in the judgment." Although the wording of this provision closely resembles that of the present statute, section 57.041, the meaning and effect of the two statutes should not be equated....

...Accordingly, the complaint may contain several counts, each count seeking the same relief but on a different legal theory. If the plaintiff recovers under one theory, he has prevailed in the *1318 litigation and I look upon him as "the party recovering judgment" within the purview of section 57.041, Florida Statutes (1981), and hence entitled to recover all his legal costs....

...that the defendant has recovered a judgment on those counts wherein the plaintiff did not prevail, and that in fairness, he ought to recover his costs expended in successfully defending such counts. I do not believe this is the legislative intent of section 57.041....

...The limitations of liability set forth in this subsection shall apply to the state and its agencies and subdivisions whether or not the state or its agencies or subdivisions possessed sovereign immunity prior to July 1, 1974. Petitioner argued to the district court that section 57.041, Florida Statutes (1979), [1] *840 a general statute providing for recovery of costs by the prevailing party, authorizes the assessment of costs in an action against the state or a subdivision....

...only to the extent that the total of the judgment for damages and the post-judgment interest and costs does not exceed $50,000." 396 So.2d at 759 (footnote omitted.) While we approve the district court's decision, we disagree with its statement that section 57.041, providing for recovery of costs, is completely inapplicable to tort claims against the state....

...The availability of interest is further indicated by the next immediately following language in the statute: "but liability shall not include punitive damages or interest for the period prior to judgment." § 768.28(5), Fla. Stat. (1979). See §§ 55.03(1), 57.041, Fla....

...Therefore the interest should be calculated upon the actual damages as reflected in the jury verdict. The decision of the district court of appeal is approved in result. It is so ordered. ALDERMAN, C.J., and OVERTON and McDONALD, JJ., concur. ADKINS, J., dissents. NOTES [1] § 57.041, Fla....

...On March 13, 1969, the District Court of Appeal, First District, rendered its decision in Merrill v. Simpson, 220 So.2d 33 (Fla. App.1st, 1969), allowing costs to be taxed against the taxing authorities of a county. This decision was approved by this Court (Simpson v. Merrill, 234 So.2d 350) on the ground that Fla. Stat. § 57.041(1), F.S.A., does not exclude the State or its agencies....

...). The trial court held that Ballack's attorney's fees were to be paid by Weatherby and Weatherby's attorneys, in equal parts. The court further held that Ballack was entitled to recover costs pursuant to Florida Rule of Civil Procedure 1.420(d) and section 57.041, Florida Statutes....

...In the present case, Steak and Ale's offer did not include costs. At the time of the offer, there had not been any cases out of the Second District requiring such offers to include costs. Arguably, had White accepted Steak and Ale's offer, he would have been entitled to an award of taxable costs under section 57.041, Florida Statutes (1993). See Williams v. Brochu, 578 *553 So.2d 491, 493 (Fla. 5th DCA 1991) ("[A] plaintiff, accepting an Offer of Judgment (for damage claims) would still be entitled to an award of taxable costs under section 57.041."); [7] see generally Carson v....

...concept of an "offer of judgment." An offer to settle would be more inclusive resolving all matters for one stated sum whereas a plaintiff, accepting an Offer of Judgment (for damage claims) would still be entitled to an award of taxable costs under section 57.041, Florida Statutes....

...concept of an "offer of judgment." An offer to settle would be more inclusive resolving all matters for one stated sum whereas a plaintiff, accepting an Offer of Judgment (for damage claims) would still be entitled to an award of taxable costs under section 57.041, Florida Statutes....

...REVERSED and REMANDED for further proceedings. THOMPSON, J., and BLACKWELL-WHITE, A., Associate Judge, concur. NOTES [1] By separate appeal (case # 98-969), Defendants challenge the propriety of the post-judgment order awarding Plaintiffs their costs pursuant to section 57.041, Florida Statutes....

...); § 143.291.1, N.C. Gen. Stat. (1980) (providing that costs may be taxed against the losing party in the same manner as any civil action). We cannot and will not infer from legislative silence the authority to make such awards. Berek contends that Section 57.041, Florida Statutes (1979), which authorizes the recovery of costs by a party recovering judgment and contains no exception for a state or county judgment debtor, is specific authority for an award here....

...hich provided that recovery "shall not exceed $50,000 exclusive of interest and costs," to prevent the recovery of interest and costs despite a separate statute providing generally for recovery of interest from the date of judgment). Moreover, while Section 57.041, Florida Statutes, has been held to authorize the assessment of costs against the state and its agencies, see, e.g., Simpson v....

...Knowles, 388 So.2d 1045 (Fla. 2d DCA 1980) [1] and reverse. In my view, the authorization of the recovery and payment of a $50,000 judgment necessarily carries with it the obligation to pay both the costs required to secure that judgment as mandated in all actions at law by Section 57.041, Florida Statutes (1979), see, Kendall East Estates, Inc....

...Dock does hold that "the payment and satisfaction of the judgment ... precluded the subsequent entry of an order or judgment for costs." Id. at 59. However, we do not believe that the result expressed in Dock prevents the award of attorney's fees in this case. Dock relied upon section 57.041, Florida Statutes, which said that "the party recovering judgment shall recover all his legal costs which shall be included in the judgment." Section 501.2105(4), on the other hand, says that the attorney's fee award "shall become a pa...

...In Roberts, the court stated that the trial court has jurisdiction to enter a cost award during the pendency of an appeal. Since the recovery of costs, even as the recovery of attorneys' fees, where provided for, is dependent (in a non-matrimonial matter) on the recovery of a favorable judgment, see § 57.041, Fla....

...This construction of section 501.2105, requiring that a judgment be entered favorable to the party claiming attorney's fees, is supported by the Supreme Court's recent decision in Hendry Tractor Co. v. Fernandez, 432 So.2d 1315 (Fla. 1983), construing section 57.041(1), Florida Statutes (1979)....

...The trial court taxed costs in favor of plaintiffs in the amount of $3,650.54, but also taxed costs for Hendry in the amount of $10,623.06, reasoning that because Hendry had prevailed on the warranty/strict liability count it should be awarded costs for that particular portion of the litigation. Section 57.041(1) provided that "the party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment." Noting that plaintiffs had properly pled alternative theories of recovery based on a single transac...

...The Court summarized its holding in these words: [W]e find that a plaintiff in a multicount personal injury action who recovers money judgment on at least one but not all counts in the cause of action, is the `party recovering judgment' for purposes of section 57.041(1), Florida Statutes (1979), and therefore is entitled to recover costs....

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

...he defendant's attorney's fees incurred after the date of the filing of the first Offer of Judgment were $1,900.80 and $6,400, respectively, totaling $8,300.80 while the amount of the plaintiff's damages award ($1,200) and the plaintiff's costs (per section 57.041, Florida Statutes) of $364.50 incurred prior to the date of the filing of the defendant's first Offer of Judgment on April 27, 1989, totaled $1,564.50, resulting in a net difference of $6,736.30, for which amount the trial court entered final judgment in favor of the defendant....

...concept of an "offer of judgment." An offer to settle would be more inclusive resolving all matters for one stated sum whereas a plaintiff, accepting an Offer of Judgment (for damage claims) would still be entitled to an award of taxable costs under section 57.041, Florida Statutes....

...ct in a negligence action. Oriental made two pre-trial offers of judgment, pursuant to Section 768.79, Florida Statutes (1987), which the plaintiffs failed to accept. Oriental requested attorneys fees pursuant to section 768.79 and costs pursuant to section 57.041 of the Florida Statutes. Both requests were denied. The questions presented are: (1) whether a defendant, who has made an offer of judgment and who has received a favorable jury verdict, may be awarded attorneys fees pursuant to section 768.79; and (2) whether under section 57.041, a judge has discretion to deny recovery of costs to the prevailing party....

...We can envision arguments that support the inclusion of such language in the statute in order to discourage claims with nuisance value rather than substantive value, but consideration of an amendment to the statute is a job for the legislature. The issue of recovery of costs is resolved by section 57.041 prescribing that "[t]he party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment... ." This court has previously stated "that section 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering the judgment....

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

...In the Palethorpe and Green cases, this Court held that the State or County, may not be made liable for costs in a case involving the validity of a tax assessment where such liability is not expressly provided for by Statute. Neither case considered the effect of Florida Statute § 57.041(1), F.S.A....

...agencies in favor of the party recovering judgment. To the extent that this holding is contrary to prior decisions of this Court in the Palethorpe and Green cases, or any other cases, we expressly recede from those prior decisions. Florida Statutes § 57.041, F.S.A....

...brought. If there were no funds available, the losing officer or agency in the litigation could seek a budgetary item in his or its succeeding year's budget to pay the judgment costs or a claim or relief bill could be sought. It is my view that F.S. Section 57.041(1), F.S.A....

...circumstances, but must be considered in relation to provisions of the State Constitution and other laws relating to appropriations, budgetary restrictions, and availability of funds for specific items of expense. Particularly, I do not believe said Section 57.041(1) applies in all situations where recovery of costs of litigation from a public officer or agency is not contemplated or reasonably implied in the appropriation for the operation of the public office or agency, and payment thereof would actually result in crippling the normal operation of the office or agency....

...a Statutes (1993). We will first address the issue of State Farm's costs. Under the circumstances of this case, State Farm need not look to section 768.79 for the recovery of its costs. Rather, State Farm is entitled to recover its costs pursuant to section 57.041(1), Florida Statutes (1993). Under section 57.041 "only a prevailing party is entitled to recover costs." Fernandez v....

...Hendry Tractor Co., 406 So.2d 1213, 1214 (Fla. 3d DCA 1981). State Farm was the prevailing party. The holdings of Mincin v. Short, 662 So.2d 1323 (Fla. 2d DCA 1995), and Goode v. Udhwani, 648 So.2d 247 (Fla. 4th DCA 1994), do not negate the application of section 57.041 with regard to the facts of this case. In both of those cases, the defendants [1] made successful offers of judgment in that the judgments ultimately obtained were at least 25% less than the defendants' offers. In each of those cases, the plaintiff contended that section 768.79 and section 57.041 should be viewed "in pari materia." The plaintiff in Goode contended that while the defendant could recover costs from the date of the offer of judgment through trial, the plaintiff could recover all costs through trial pursuant to section 57.041. The plaintiff in Mincin advanced a similar argument. In rejecting such a contention, the Goode court stated: "Although appellee recovered a judgment in her favor, we hold that § 768.79 controls over § 57.041, Florida Statutes (1991), which allows the taxation of costs by a party recovering a judgment." Under the facts of the present case, where a zero liability judgment was entered in favor of State Farm and against Marko, the effect of section 768.79 negating section 57.041 is not applicable. Accordingly, regardless of the viability of State Farm's offer of judgment pursuant to section 768.79, State Farm is entitled to recover its costs against Marko pursuant to section 57.041....

...Accordingly, we reverse the order denying State Farm its attorney's fees under section 768.79 and remand for a hearing to determine the amount of those fees. We also reverse the denial of State Farm's costs and remand for a hearing to determine those costs pursuant to section 57.041(1)....

...The FCRA does not in any way adopt, incorporate, or require the application of federal law to a determination of what costs may be awarded. Therefore, the award of costs is governed by Florida law on the subject. Under Florida law, taxable costs are governed by section 57.041, Florida Statutes, and the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions....

...rly not allowed. Appellees' claim for attorney's fees arose out of the contractual provisions of the promissory notes and should have been allowed. Sybert v. Combs, 555 So.2d 1313 (Fla. 5th DCA 1990). Costs should be allowed to the prevailing party, section 57.041(1), Florida Statutes; Weitzer Oak Park Estate, Ltd....

...The court found the case of Simpson v. Merrill, 234 So.2d 350 (Fla. 1970), analogous because "[i]t is illustrative of expenditures that may be required of the state but not anticipated by a specifically itemized appropriation." Id. The court in Simpson held that: Florida Statute § 57.041, F.S.A., provides for the recovery of legal costs by the party recovering the judgment in all cases except those specifically exempted....

...ppeal by the Banks. We reverse on the appeal and affirm on the cross-appeal. We first agree with Kendall East that since it was the only "party recovering judgment" in this action at law for money damages, the trial court was obliged by the terms of Section 57.041, Florida Statutes (1979) to assess costs in its favor....

...Hackney of Harry Thomas Hackney, P.A., Mount Dora, for Appellant. Alan B. Taylor and Richard C. Swank, of Litchford & Christopher, P.A., Orlando, for Appellee. SAWAYA, J. The issue in this bitter property dispute between two neighbors is who is entitled to an award of costs under section 57.041, Florida Statutes (2004)....

...The court did order that the decorative fence, all trees, bushes, shrubs, and signs be removed. It found, too, the Granoffs were entitled to some relief under their Count II for trespass, awarding them the nominal amount of $100. Both parties filed motions claiming entitlement to costs under section 57.041. The trial court entered the order that is the subject of our review finding that the Seidles were the prevailing party and awarding them costs in the amount of $7,916.40. Section 57.041, Florida Statutes, provides in pertinent part that "[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment...." The courts utilize the prevailing party standard to determine entitlement to costs under this statute. [1] This court, for example, has stated that "[t]he `party recovering judgment' under section 57.041, and the `prevailing party' under section 57.105 are governed under the same principles." Hall v....

...We remand this case to the trial court for entry of an *679 order awarding costs to the Granoffs consistent with this opinion. REVERSED and REMANDED. SHARP, W. and GRIFFIN, JJ., concur. NOTES [1] Folta v. Bolton, 493 So.2d 440, 442 (Fla. 1986) ("Although section 57.041 provides for costs to `the party recovering judgment' and section 768.56 provides for `prevailing party' attorney fees, we concede that the same principles should be applied under each provision."); Spring Lake Improvement Dist. v. Tyrrell, 868 So.2d 656, 658 (Fla. 2d DCA 2004) ("Trial costs in this case are governed by section 57.041(1), Florida Statutes (2000), which provides that `[t]he party recovering judgment shall recover all his or her legal costs.' Costs under this section are governed by the `prevailing party' standard as articulated in Moritz v....

...Hoyt Enters., Inc., 604 So.2d 807, 810 (Fla.1992).") (citations omitted); American Gen. Life & Accident Ins. Co. v. Spurlock, 821 So.2d 1132, 1134 (Fla. 2d DCA 2002) ("Our decision does not affect the cost award inasmuch as Spurlock was the prevailing party. See § 57.041, Fla....

...Butts, 370 So.2d 416, 417 (Fla. 1st DCA 1979); see also Jones v. ETS of New Orleans, Inc., 793 So.2d 912, 915 (Fla. 2001) ("A prevailing party is entitled to recover from the losing party `all his or her legal costs and charges which shall be included in the judgment.' § 57.041, Florida Statutes."). [2] See Seminole County v. Koziara, 881 So.2d 83, 85 (Fla. 5th DCA 2004) ("[T]he County is entitled to recover at least some costs under the state statute because section 57.041(1) `mandates that a party recovering a judgment is entitled, as a matter of right, to recover lawful court costs.'") (quoting Tacher v. Mathews, 845 So.2d 332, 334 (Fla. 3d DCA 2003); Oriental Imports, Inc. v. Alilin, 559 So.2d 442, 443 (Fla. 5th DCA 1990)); Tacher, 845 So.2d at 334 (stating that an award of section 57.041 costs is not discretionary); Governing Bd. of St. Johns River Water Mgmt. Dist. v. Lake Pickett Ltd., 543 So.2d 883, 884 (Fla. 5th DCA 1989) ("[S]ection 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering the judgment."); see also Oriental Imports, Inc., 559 So.2d at 443 (holding that under section 57.041, a judge does not have discretion to deny recovery of costs to a prevailing party)....

...The trial court, evidently concluding that there are inequities in RS&H's position notwithstanding the debt due, disallowed interest and costs to RS&H. While there is authority for such action in cases formerly cognizable in equity [ Edwards v. John O. Evans Const. Co., 155 Fla. 263, 19 So.2d 799 (Fla. 1944)] § 57.041, F.S....

...Dietz, Coral Gables, for appellee. Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ. GERSTEN, Judge. The county court certified the following question as being of great public importance: DOES FLORIDA STATUTE § 768.79 REQUIRE THAT THE COURT NOT CONSIDER FLORIDA STATUTE § 57.041 COSTS ADDED TO A JURY VERDICT IN A FINAL JUDGMENT, WHEN COMPARING THAT FINAL JUDGMENT TO PLAINTIFF'S DEMAND FOR JUDGMENT? We accept jurisdiction pursuant to Florida Rule of Appellate Procedure 9.160, answer in the negative, but only with respect to costs incurred before the demand for judgment is filed, and reverse....

...The plaintiff, thus, needed to obtain a judgment in the amount of $7,500.00 or more in order to trigger entitlement to attorney's fees under this section. The plaintiff obtained a verdict in the amount of $6,696.23. After adding prejudgment interest and the plaintiff's entitlement to costs under Section 57.041, Florida Statutes (1997), [1] the trial court entered a judgment in the amount of $7,728.03....

...The judgement entered below is reversed. We certify conflict with the Second District's opinion in Mincin v. Short, 662 So.2d 1323 (Fla. 2d DCA 1995) and the Fifth District's opinion in Williams v. Brochu, 578 So.2d 491 (Fla. 5th DCA 1991). Reversed; conflict certified. NOTES [1] Section 57.041 provides, in pertinent part: (1) The party recovering a judgment shall recover all his legal costs and charges which shall be included in the judgment......

...Before SCHWARTZ, C.J., and COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and RAMIREZ, JJ., En Banc. GREEN, J. The issue before this court is whether a zero dollar ($0.00) damage award always constitutes a defense "judgment" for purposes of a cost award under section 57.041, Fla....

...3d DCA 1992), which found that the defendant was entitled to a cost award. For the reasons outlined below, we recede from our opinions in Upson, Blue, and Raffel, and reaffirm our holding in Militana that a zero damage award constitutes a defense judgment for purposes of a cost award under section 57.041....

...In Upson, which also resulted from an automobile accident, the jury found that the plaintiff's injuries were caused solely by the defendant. However, the jury awarded plaintiff no damages for his injuries. We held that the plaintiff was "nevertheless the sole party entitled to recover judgment and thus costs under Section 57.041, ...." 444 So.2d at 1127-28....

...The trial court, thereafter, entered judgment for the defendant. We reversed finding that it was "error to enter judgment for the defendant upon a verdict for the plaintiff." 200 So.2d at 627. Accordingly, we ordered that costs be taxed against the defendant. Section 57.041 mandates that a party recovering a judgment is entitled, as a matter of right, to recover lawful court costs....

...ction 768.79. Moreover, to hold that the "reasonable costs" allowed by section 768.79 include nontaxable costs would result in a situation in which the prevailing party under section 768.79 would realize a greater award than a prevailing party under section 57.041, Florida Statutes (1995), which governs the recovery of costs by a party obtaining a judgment....

...In Simpson, the supreme court considered whether the state or any of its agencies would be liable for court costs that might be taxed in favor of a party recovering judgment. The court held that the state or its agencies are required to pay such costs absent any specific exemption in section 57.041, Florida Statutes (1969), which provided for recovery of legal costs....

...individual claim and what was offered to settle the claim she brought on her son's behalf. We affirm the award of costs against Ms. Dudley, individually, and against her son, who is no longer a minor, [1] *438 but we do so solely on the authority of section 57.041(1), Florida Statutes (1997)....

...Defendant is entitled to an award of reasonable attorney's fees from the date of the Proposal for Settlement, June 1, 1998, through the conclusion of this case. 2. That Defendant is entitled to reimbursement of costs expended in defending this action pursuant to Section 57.041, Florida Statutes, as a prevailing party and pursuant to Section 768.79, Florida Statutes, Rule 1.442, Florida Rules of Civil Procedure and Defendant's Proposal for Settlement served on June 1, 1998, but not accepted by Plaintiffs, from the inception of the case to its conclusion....

...c)(3), we reverse the award of attorney's fees as unauthorized either by the rule or by section 768.79(2), Florida Statutes (1997). While these provisions do not authorize the award of costs, either, the cost award was independently authorized under section 57.041(1), Florida Statutes (1997), and is properly affirmed on that basis....

...B We see no merit whatever in the appeal from the assessment of costs in this case. The City of Miami Beach was without question accorded due process by the trial court in every respect. Its contentions to the contrary are rejected as having no merit whatever. City of Miami v. Murphy, 137 So.2d 825 (Fla. 1962); § 57.041, Fla....

...Thus, we reverse and remand with directions for the trial court to reduce the award by the amounts paid for 1990, 1991, 1992, and 1993, plus the corresponding postjudgment interest. On remand, the trial court also assessed trial costs against Spring Lake. Trial costs in this case are governed by section 57.041(1), Florida Statutes (2000), which provides that "[t]he party recovering judgment shall recover all his or her legal costs." Costs under this section are governed by the "prevailing party" standard as articulated in Moritz v....

...ntenance taxes assessed between 1986 and January 23, 1994. They will likewise not recover any capital taxes or prejudgment interest. Thus, Spring Lake prevailed on the significant issues in this litigation and is the prevailing party for purposes of section 57.041(1)....

...nner. We affirmed this amended final judgment in a separate appeal. See Reynolds Metals Co. v. Danner Constr. Co., 758 So.2d 680 (Fla. 2d DCA 2000). In this appeal, Danner first argues that it is entitled to costs as the prevailing party pursuant to section 57.041(1), Florida Statutes (1997), which provides in pertinent part that "the party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment." We agree with Danner on this point....

...The trial judge found, and plaintiff contends, that the wording of the rule "must pay the costs incurred after the making of the offer" is to be interpreted as discretionary and not mandatory. Plaintiff further argues that the rule must be considered in light of § 57.041, Fla....

...3d DCA 2003) (interpreting "judgment" to mean the actual recovery of damages, and determining that an award of zero damages is equivalent to a defense judgment; thus holding that the party who obtained the zero damage judgment was not entitled to attorney fees and costs as the "prevailing party," pursuant to section 57.041, Florida Statutes (2003))....

...Christopher Bessey, plaintiff below, appeals an order awarding him only part of the taxable costs he sought, even though judgment had been entered in his favor in *993 the single-count negligence action he brought against Frances and Jo Difilippo. Section 57.041(1), Florida Statutes (2005), does not authorize reduction or apportionment of costs on grounds that the plaintiff recovered-on the only count sued on-less than all of the damages the complaint prayed for....

...Bessey $14,523.72 for past medical expenses, but found no permanent injury and awarded nothing for future expenses. [2] After the ensuing judgment was affirmed by this court, Bessey v. Difilippo, 932 So.2d 195 (Fla. 1st DCA 2006), Mr. Bessey filed a motion to tax costs pursuant to section 57.041, Florida Statutes (2005), seeking costs in the amount of $29,857.79 as the "party recovering judgment." Opposing the motion to tax costs, the defendants argued that section 57.041, Florida Statutes, incorporated the "prevailing party" standard, and that Mr....

..."This was a one-count complaint upon which the jury found FEM solely negligent. Even though the jury found that the threshold requirement for bodily injury was not met . . . the fact remains that Liebling is the prevailing party in this case and, as such, is entitled to his taxable costs." Id. (citing section 57.041(1), Florida Statutes (1991), and Hendry Tractor Co....

...Fernandez, 432 So.2d 1315, 1316 (Fla.1983)). A negligence action also arose out of a car accident in Wright v. Caruana, 640 So.2d 197, 198 (Fla. 3d DCA 1994). The Wright court ruled that the plaintiff should have been awarded her costs [4] pursuant to section 57.041(1), Florida Statutes, because she was "clearly the prevailing party," although the jury found her fifty per cent liable and the judgment was reduced accordingly....

...[6] *996 Approving a Third District decision, [7] the Florida Supreme Court ruled that "a plaintiff in a multicount personal injury action who recovers money judgment on at least one but not all counts in the cause of action, is the `party recovering judgment' for purposes of section 57.041(1), Florida Statutes ....

...The present case is unlike Folta because it involves only one, not multiple, distinct and severable claims. The court's decision in Folta had to do, moreover, not with costs, but with attorney's fees. In providing that "[t]he party recovering judgment shall recover all his or her legal costs and charges . . .," section 57.041(1) contemplates full recovery of all taxable costs from the losing party. IV. Here, a single count alleged a single tort. When judgment was entered against the Difilippos, Mr. Bessey became the "party recovering judgment," within the meaning of section 57.041(1), Florida Statutes (2005), and was thus entitled to an award of all taxable costs reasonably and necessarily incurred in maintaining suit....

...ent, Inc., filed a motion to tax costs and impose sanctions pursuant to Florida Rule of Civil Procedure 1.442. Liebling v. Fla. Energy Mgmt., Inc., 619 So.2d 441, 442-43 (Fla. 2d DCA 1993). Mr. Liebling filed his own motion to tax costs, pursuant to section 57.041....

...The jury having found that his injuries were caused by the accident (for which liability had been conceded), he recovered judgment for past medical bills. That he did not recover all of the damages he sought does not negate the fact that he "recover[ed] judgment." § 57.041(1), Fla. Stat. (2005). [6] While section 57.041(1), Florida Statutes (2005), provides that the "party recovering judgment" is entitled to costs, a party may recover attorney's fees as the "prevailing party," if statute or contract so provides. See, e.g., Prosperi v.Code, Inc., 626 So.2d 1360, 1362 (Fla.1993); Moritz v. Hoyt Enters., Inc., 604 So.2d 807, 810 (Fla.1992). We acknowledge that our supreme court said in obiter dicta: "Although section 57.041 provides for costs to `the party recovering judgment' and section 768.56 provides for `prevailing party' attorney fees, we concede that the same principles should be applied under each provision." Folta v....

...It is also true that some district courts have applied the "prevailing party" standard to costs as well as attorney's fees. See Granoff v. Seidle, 915 So.2d 674, 677 (Fla. 5th DCA 2005) ("This court . . . has stated that `[t]he `party recovering judgment' under section 57.041, and the `prevailing party' under section 57.105 are governed under the same principles.'") (quoting Hall v. Humana Hosp. Daytona Beach, 733 So.2d 596, 597 n. 3 (Fla. 5th DCA 1999)); Spring Lake Improvement Dist. v. Tyrrell, 868 So.2d 656, 658 (Fla. 2d DCA 2004) ("Costs under [section 57.041] are governed by the `prevailing party' standard as articulated in Moritz v....

...The Third District reversed, holding that the Fernandezes alone were entitled to costs, and certifying a question of great public importance. In these circumstances, the Florida Supreme Court agreed that parties who were awarded judgment on only one of two counts were entitled to recover taxable costs under section 57.041, Florida Statutes....

...Fernandez, 432 So.2d 1315 (Fla.1983). Id. The court acknowledged that, in Hendry Tractor Co., it had held that a plaintiff in a multicount personal injury action who prevailed on one theory of liability, but lost on another, was entitled to recover costs pursuant to section 57.041....

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

...The jury believed Huffman's testimony that he was blinded by Woodling's headlights and could not see Shields' car when he hit it in his own traffic lane. They found that no negligence on the part of Huffman contributed to Sandra's injuries which resulted from the accident. Pursuant to section 57.041, Florida Statutes (1987), [1] the trial court awarded Huffman the costs incurred in defending the lawsuit....

...However, we agree with appellee that the reason for that provision was to prevent undue prejudice to insurance companies, and to avoid "deep-pocket" jury verdicts. Surely it was not intended to impact the award of costs to a prevailing party under section 57.041, or any other provision dealing with cost awards....

...Why should a nonprevailing plaintiff be afforded any fortuitous benefit from such circumstances? Accordingly, we hold that the trial court correctly awarded costs to the prevailing party in this case, and we certify a conflict [2] with our sister courts on this issue. AFFIRM. DAUKSCH and COBB, JJ., concur. NOTES [1] Section 57.041, Florida Statutes (1987) provides: 57.041 Costs; recovery from losing party....

...It is uncontroverted that appellee was awarded the entire interpleaded fund, which was at least twenty-five percent more than it had asked for in its demand for judgment. All parties moved for attorney's fees and costs pursuant to section 768.79, Florida Statutes (1993). In addition, appellee relied on section 57.041, Florida Statutes (1993), as the prevailing party....

...*214 For the foregoing reasons, we reverse the final judgment to the extent that it awards fees and costs under section 57.105(1) against Mr. Siegel and Ms. Leahy-Fernandez. However, Mr. Rowe, Ms. Rumbough, and Five-Star Realty are entitled to recover their taxable costs against Ms. Leahy-Fernandez. § 57.041(1)....

...tion statute and violate public policy. We disagree. While section 44.103(6) discusses the assessment of fees and costs when the award is challenged, the statute is silent regarding costs and fees incurred when the arbitration award is unchallenged. Section 57.041, Florida Statutes (2003), provides that the prevailing party in a civil action is entitled to recover all of his or her costs associated with the underlying litigation....

...(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. § 57.041(1)-(2), Fla....

...This provision requires the trial court to award costs to the prevailing party. See, e.g., Tacher v. Mathews, 845 So.2d 332 (Fla. 3d DCA 2003). Because section 44.103 fails to address the issue of fees and costs where an arbitration award is unchallenged, we rely upon section 57.041 to resolve the issue....

...became final and the trial court entered a final judgment reflecting the unchallenged award. We reverse and remand the case to the trial court for entry of a final judgment and a determination of costs to be taxed against the defendant, pursuant to section 57.041, Florida Statutes....

...n if it so chooses. We have reversed that part of the final judgment enjoining the city from doing so or from enforcing residential zoning on appellees' parcel. We also reverse the award of costs and affirm the refusal to award attorneys' fees under Section 57.041, Florida Statutes (1979)....

...We reverse the order denying costs to appellants/defendants, Weitzer Communities, Ltd., Weitzer Group, Inc., Harry Weitzer, and Weitzer Oak Park Estates, Inc. The trial court entered final judgment in favor of three of these defendants, and the fourth was voluntarily dismissed. Under section 57.041, Florida Statutes (1987), every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs, and a trial judge has no discretion to deny costs to the parties recovering judgment....

...On appeal, this court affirmed the summary judgment in favor of SRC as to all claims brought by Mike Elliott and Mike Elliott & Company. SRC filed a motion seeking appellate attorney's fees and costs based on the proposal for settlement and also seeking costs pursuant to section 57.041, Florida Statutes (1997)....

...al court initially entered an order determining that SRC was entitled to attorney's fees and costs in both the trial court and on appeal based on the proposal for settlement. The trial court also determined that SRC was entitled to costs pursuant to section 57.041....

...r among the plaintiffs. The trial court agreed with Appellees' argument and entered an order vacating the portion of the order that determined entitlement pursuant to the proposal for settlement, leaving SRC with solely an award of costs pursuant to section 57.041....

...enforceability of the proposal for settlement for purposes of an award of trial court attorney's fees and costs. Thus, I would affirm as to Mike Elliott and Mike Elliott & Company's responsibility for trial court attorney's fees and costs. NOTES [1] Section 57.041 provides for an award of costs to the party recovering judgment....

...ent, substantial evidence, we reverse the award of fees under section 57.105. The trial court also awarded the Brewers $283.59 in costs. Because the Brewers were the prevailing parties in the litigation, they were entitled to an award of costs under section 57.041....

...In the order, the trial court reserved jurisdiction to assess attorney's fees and costs against the Bowens, if appropriate. The final judgment was not appealed. On March 17, 2004, the Brewers filed a motion for attorney's fees under section 57.105(1) and to tax costs in accordance with section 57.041....

...e a remedy only where the plaintiff's complaint is completely untenable." Id. Accordingly we reverse the award of attorney's fees to the Brewers under section 57.105 and deny their cross-appeal for expert witness fees. We affirm the cost award under section 57.041....

...o those generally generated in a disciplinary action. We have set no hard or fast rules relative to the assessment of costs in disciplinary proceedings. In civil actions the general rule in regard to costs is that they follow the result of the suit, section 57.041, Florida Statutes (1981), Dragstrem v....

...on December 10th by the Caruanas. The trial court later entered a final judgment for Wright for $2,040 in accordance with the jury verdict, and reserved jurisdiction to tax costs. Wright moved for costs as the prevailing party under Florida Statutes Section 57.041....

...Since the Caruanas' offer did not indicate an intent to rely on § 44.102(5)(b), they may not now benefit from the statute's provisions. Finally, because Wright was clearly the prevailing party in this case, she should have been awarded her costs pursuant to Florida Statutes Section 57.041(1)....

...The denial of the Caruanas' motion for attorney's fees is affirmed. The granting of the Caruanas' motion for costs is reversed. The denial of Wright's motion for costs is also reversed, and this case is remanded for entry of a cost award in favor of Wright pursuant to § 57.041....

...See Cor-Gal Builders, Inc. v. Southard, 136 So.2d 244 (Fla.3d DCA 1962); Chaikin v. Skolnick, 201 So.2d 588 (Fla.3d DCA 1967). Finally, it appears that the prevailing party in an action at law is absolutely entitled to the taxing of costs in his favor. § 57.041, Fla....

...Assignee sued Landlord for the money due pursuant to the assignment. The trial court granted Landlord's motion for summary judgment. The trial court also awarded Landlord attorney's fees pursuant to the offer of judgment rule, Fla.R.Civ.P. 1.442, and costs pursuant to section 57.041, Florida Statutes (1989)....

...Standard Guaranty Insurance Co. v. Geeting, 355 So.2d 819 (Fla. 2d DCA 1978). The trial court also erred in denying the plaintiffs' motion to tax costs incurred in the first trial because, upon remand, the plaintiffs were the prevailing party in the action. § 57.041, Fla....

...Under the circumstances of this case, the provisions of the rule have not been met. The judgment finally obtained was more favorable than either of the offers. Accordingly, costs incurred in the second trial should be taxed in favor of the prevailing party, the plaintiffs. § 57.041....

...We agree, however, with the arguments of the appellee/cross-appellant, Georgia Short, that the trial court erred in denying her motion for attorney's fees and costs filed pursuant to section 768.79, Florida Statutes (1989), and in awarding Mincin all of his taxable costs under section 57.041, Florida Statutes (1993)....

...d costs awardable to the parties. Short moved for attorney's fees and costs under section 768.79, contending that the amount of the judgment obtained by Mincin was at least 25 percent less than her offer. Mincin sought all of his taxable costs under section 57.041, arguing his entitlement to such costs as the prevailing party....

...Co., 595 So.2d 272 (Fla. 1st DCA 1992). We also conclude that Mincin was not entitled to taxable costs incurred after Short filed her offer of judgment. In Goode v. Udhwani, 648 So.2d 247 (Fla. 4th DCA 1994), the court recently considered the interplay between sections 57.041 and 768.79 in determining the taxable costs that could be recovered by a plaintiff who rejected an offer of judgment and later received a judgment in her favor which was at least 25 percent less than the offer....

...The effect of the judgment was to dismiss the seller, B & D Transportation Services, Inc., a Florida corporation d/b/a Budget Car Sales of Southwest Florida (Budget) from the law suit. We also affirm the general award of costs to Budget as the prevailing party. § 57.041, Fla....

...2d DCA 1998), Belleair claims that the Shipleys' delay in filing the motion for almost eighty days after the final judgment is unreasonable as a matter of law. The trial court accepted this argument and struck the motion for fees and costs. The legislature has expressly authorized an award of costs to a prevailing party. See § 57.041, Fla....

...osts in the amount of $667. The appellant filed a timely notice of appeal and the appellee filed a cross-appeal contesting the amount of the attorney's fees award. Although the appellee was entitled to an award of costs as the prevailing party under section 57.041, Florida Statutes (1987), he was not entitled to receive costs or attorney's fees under the provisions of section 768.79....

...fees and costs to the appellee pursuant to section 768.79. We, accordingly, reverse and remand for the purpose of the entry of an order denying the appellee's motion for attorney's fees and for the entry of a proper order assessing costs pursuant to section 57.041....

...4th DCA 1980). Following a hearing on Wyatt and Hewko's motion to tax costs against Montgomery, the trial court denied the motion, relying on Lewis Oil Co. v. Milliken, 711 So.2d 636, 637 (Fla. 1st DCA 1998). *490 Trial costs in this case are governed by section 57.041(1), Florida Statutes, [1] which hinges on whether the party seeking to tax costs is considered the "prevailing party:" Costs under this section are governed by the "prevailing party" standard as articulated in Moritz v....

...x prejudgment interest against Montgomery and denying Wyatt and Hewko's motion to tax costs against Montgomery, and remand this matter to the trial court for entry of orders in accordance with this opinion. SHAHOOD and TAYLOR, JJ., concur. NOTES [1] § 57.041(1) provides, in pertinent part, "The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment."

...ons and proceedings in court for certain purposes including in subparagraph (6) investigative costs, court costs, and attorney's fees. Appellant looks through section 373.129(6), Florida Statutes, which permits the pursuit of proper legal action, to section 57.041, Florida Statutes, which provides that "[t]he party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment" and argues that section 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering judgment....

...Therefore, the trial judge correctly refused to allow the nursery man to testify as to the cleanup costs incurred as a result of the trespass. We do find however, that the trial judge erred in denying the Horns' motion to tax costs against Scarborough and Corkland. Section 57.041, Florida Statutes (1985) provides that "the party recovering judgment shall recover all his legal costs and charges." Because the Horns prevailed on the issue of liability and did recover judgment it was error to deny them costs....

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

...decided after the ruling in this case. With respect to the costs assessed in favor of appellee, we reverse as to the costs incurred after the offer was filed. Although appellee recovered a judgment in her favor, we hold that § 768.79 controls over § 57.041, Florida Statutes (1991), which allows the taxation of costs by a party recovering a judgment....

...Lake Region Paradise Island, Inc. v. Graviss, 323 So.2d 610 (Fla. 2d DCA 1975). We find no statute or rule authorizing recovery of costs by a successful defendant against individuals who are represented by the plaintiff but who are not actually parties to the litigation. Section 57.041, Florida Statutes (1981), authorizes recovery of costs by a party recovering judgment, but does not state against whom costs may be awarded....

...Thereafter, the court awarded Coldwell Banker $74,705.00 in fees and $4,639.27 in costs, for a total of $79,344.27. Of the $4,639.27 in costs, the record reflects that $3,463.27 had been awarded to Coldwell Banker as the prevailing party of the underlying action pursuant to section 57.041, Florida Statutes (1997); the remaining costs were awarded as a result of Coldwell Banker's attorney's fee litigation....

...or any area waterward of where the 52.5 foot elevation intersects the shore of the Lake on the west side of the spoil island adjacent to canal C-37. The Plaintiff is entitled to recover costs although defense of this action was fully justified. See section 57.041(1), Florida Statutes and Oriental Imports, Inc....

...tly construed, and in this case no judgment was rendered against the insuror, American Bankers, which permits the recovery of attorneys' fees. Likewise, the defendants did not recover a judgment for which legal costs and charges may be allowed under § 57.041, Fla....

...t. Port-A-Weld rejected the tender. On July 3, 2006, Port-A-Weld made a motion for the court to determine the form of the final judgment and to compute prejudgment interest. Port-A-Weld also moved to tax costs in the amount of $3,168.75, pursuant to § 57.041, Fla....

...Attorney's fees incurred while prosecuting or defending a claim are not recoverable in the absence of a statute or contractual agreement authorizing their recovery. Price v. Tyler, 890 So.2d 246, 250 (Fla.2004). Costs, on the other hand, are recoverable by statute by the "party recovering judgment." § 57.041, Fla....

...See also Oriental Imports, Inc. v. Alilin, 559 So.2d 442 (Fla. 5th DCA 1990); Makar v. Investors Real Estate Management, Inc., 553 So.2d 298 (Fla. 1st DCA 1989). The above cited cases do not, however, preclude Luizza's recovery of costs as a prevailing party under section 57.041, Florida Statutes (1987), and we therefore remand this cause to the trial court for a determination of such costs....

...w or fact." Wood, 546 So.2d at 90. This determination required the court to award section 57.105 fees to appellants, the prevailing parties. [1] Additionally, appellants correctly argue that they are entitled to recover their court costs pursuant to section 57.041, Florida Statutes (1997). Under the language of section 57.041, a prevailing party's entitlement to costs is conditioned solely on recovering a judgment....

...1st DCA), review denied, 699 So.2d 1372 (Fla. 1997). Failure to specifically request costs under this section is not fatal to receiving costs. [S]pecification of the precise statute authorizing costs in practice is almost never required for an award. Section 57.041 creates a general right in a prevailing party for costs following judgment as a matter of course....

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

...ause he had arguably a herniated disc and he was having pain going into his left arm. That is what all the doctors had talked about, I had not worked the case up. [4] The trial court awarded costs to the plaintiff under the prevailing party statute, section 57.041, and the award of costs is not at issue in this appeal....

...ll costs whether it be taxable or not. Based upon this interpretation, the JCC awarded all requested costs. We find that this was error. Generally, a prevailing party may only collect taxable costs rather than all costs which they have incurred. See § 57.041, Fla....

...The same rule is applicable to prevailing parties in workers' compensation cases. G.W. Wood Products v. Parrott, 447 So.2d 407 (Fla. 1st DCA 1984); Houck v. Guettler & Sons, 450 So.2d 1267 (Fla. 1st DCA 1984); § 440.34(3), Fla. Stat. The general rule prevails notwithstanding the fact that neither section 57.041, Florida Statutes, nor section 440.34(3), Florida Statutes, is limited by its specific terms to taxable costs....

...The Fifth District did not provide any reasoning to support its decision or indicate whether the plaintiff contested the issue. We certify conflict with Sun Group. Reversed as to judgment for attorney's fees against appellant. DAMOORGIAN and LEVINE, JJ., concur. NOTES [1] The plaintiff also relied on section 57.041, Florida Statutes, for its costs request....

...cited in appellee's motion to strike. [1] In fact no statute is specified in his motion. But fees under section 57.105 are really costs, and a specification of the precise statute authorizing costs in practice is almost never required for an award. Section 57.041 creates a general right in a prevailing party for costs following judgment as a matter of course....

...McCrea, Jr., and Scott T. Silverman, of Zinober & McCrea, P.A., Tampa, for Appellee. CASANUEVA, Judge. 1 Nation Technology Corp. and Rick McKay, defendants in the trial court, appeal from an order denying them costs as prevailing parties pursuant to section 57.041, Florida Statutes (2002)....

...The trial court also denied the defendants their costs as prevailing parties. II. Costs Based on Prevailing In The Trial Court The defendants first contend that it was error for the trial court to deny them all their costs as prevailing parties in this litigation, as contemplated in section 57.041....

...tisfy the Florida Supreme Court's recent pronouncements in Lamb, the defendants are not entitled to an award of their reasonable attorney's fees and costs based on their offer of judgment. They are entitled to their costs as prevailing parties under section 57.041, as A1 has conceded. Reversed and remanded with instructions to award the defendants their costs as prevailing parties under section 57.041....

...and federal precedent). On the last issue raised by Morales, whether she is entitled to costs, we are compelled to reverse. At the conclusion of the case, both Morales and Rosenberg moved for an award of costs incurred in the trial court pursuant to section 57.041 of the Florida Statutes (2004). Morales argued that the express language of section 57.041 that "[a] party recovering judgment shall recover his or her costs and charges which shall be included in the judgment..." commanded a cost award in her favor....

...ant issues" in the case. See Higgs v. Klock, 873 So.2d 591, 592 n. 1 (Fla. 3d DCA 2004)("We note that, in certain contexts, there may or may not [ ] be a distinction between the objectively determinable expression, "party recovering judgment," under 57.041, Florida Statutes (2002), and the much more legally slippery term, "prevailing party," which is employed in many attorneys fees and costs provisions.") (citations omitted); Spring Lake Improvement Dist....

...Unfortunately, both the parties and the court failed to recognize that where, as here, a civil action is governed by a specific statute which contains a more particular provision concerning the taxation of costs, the more particular provision controls. 5 Fla. Prac., Civil Practice § 13.3 (2004-2005 ed.)("Section 57.041 applies to all civil actions except those that are governed by specific statutes containing more particular provisions concerning the taxation of costs.")....

...Lastly, in view of what has been said above, there was no error in the entry of the cost judgment complained of by the appellant. Ossinsky v. Nance, Fla.App. 1960, 118 So.2d 47; Rutkin v. State Farm Mutual Automobile Insurance Company, Fla.App. 1967, 195 So.2d 221; § 57.041, Fla....

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

...ld that a vehicle owner who successfully defends a forfeiture proceeding can seek to recover storage fees as part of costs. The court determined that a forfeiture proceeding is civil in nature and that storage fees were "costs" within the meaning of section 57.041, Florida Statutes (1981). We need not decide whether storage fees constitute taxable costs. In the present case, Bules seeks compensation for damage to his boat. We do not think that this damage can be considered a legal cost under section 57.041, Florida Statutes (1983).

...Moreover, to deprive a plaintiff who ultimately prevails in a lawsuit from recouping the costs earlier paid by him as the price of his voluntary dismissal not only is in derogation of the law providing that the prevailing party shall recover costs, see § 57.041, Fla....

...h awarded nothing to the appellee. Following the entry of the final judgment, the trial court determined that appellee was the prevailing party and found that he was entitled to litigation costs of $7,274.84. The appellants filed this timely appeal. Section 57.041(1), Florida Statutes (1995), provides: "The party recovering judgment shall recover all his or her legal costs and charges, which shall be included in the judgment[.]" Since the appellee received nothing, the appellants were the parties recovering judgment....

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

...Moore and Dr. Debnam 130.75 __________ $ 410.42 The first four items of these costs, which amount to $38.20, were incurred by the plaintiff prior to the offer for judgment. The plaintiff argues that the prevailing party is entitled to costs and cites F.S. 57.041: "57.041 Costs: recovery from losing party "(1)....

...Her insurance policy's limitation is $10,000. What the future will bring as far as her financial status is, of course, presently unknown and up to fate. [2] Regardless of the offer to accept judgment, as the prevailing party Lieff is entitled to recover his costs. § 57.041, Fla....

...Mayes of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellees. JOANOS, Judge. Gordon T. Couch, M.D., has appealed from an order denying his motions for attorney's fees pursuant to Section 768.56, Florida Statutes (1983), and statutory costs pursuant to Section 57.041, Florida Statutes (1983)....

...nd is not affected by this opinion. Following the Supreme Court's denial of review, Dr. Couch filed with the trial court his "motion to determine liability for statutory attorney's fees" pursuant to Section 768.56, and a motion for costs pursuant to Section 57.041, Florida Statutes (1983)....

...Couch's motion for attorney's fees pursuant to Section 768.56, and remand for the determination of the amount of fees owed, both for trial, and for appellate representation before this court. We also conclude that the trial court's denial of Couch's motion for statutory costs pursuant to Section 57.041, Florida Statutes (1983) was not mandated by City *1188 of Boca Raton v....

...concept of an "offer of judgment." An offer to settle would be more inclusive resolving all matters for one stated sum whereas a plaintiff, accepting an Offer of Judgment (for damage claims) would still be entitled to an award of taxable costs under section 57.041, Florida Statutes....

...s prevailing parties on the complaint, and prevailing parties on the main appeal. We therefore affirm the award of appellate attorney's fees in the sum of $2,000.00. The award of costs of $566.40 is affirmed against both Foreman and Altamonte Hitch. Section 57.041, Florida Statutes (1983) provides that the party recovering judgment shall recover all his legal costs and charges....

...urance policy it issued did not provide the coverage claimed by the appellees. See First Protective Ins. Co. v. Featherston, 906 So.2d 1242 (Fla. 2d DCA 2005). In its motion to tax costs, First Protective asserted an entitlement to costs pursuant to section 57.041, Florida Statutes (2005), and Florida Rule of Civil Procedure 1.525....

...2d DCA 1990), we held that the failure of a party to assert a claim for costs in the pleadings did not preclude an award of costs to that party. In support of our holding on this point, we cited Oriental Imports, Inc. v. Alilin, 559 So.2d 442, 442 (Fla. 5th DCA 1990), which held that under section 57.041, a trial judge does not have "discretion to deny recovery of costs to the prevailing party." Oriental Imports recognized that under section 57.041, "`every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs.'" 559 So.2d at 443 (quoting Governing Bd....

...Accordingly, where there is a statutory or contractual basis for an award of attorney's fees, proper pleading requires that a party seeking attorney's fees put the other party or parties on notice that attorney's fees are at issue in the litigation. Under section 57.041, the recovery of costs is generally available to any "party recovering judgment." This general provision may be displaced by context-specific statutory costs provisions....

...le amount" may be awarded for the costs of a party "after considering the financial resources of both parties." Although the standard for the award of costs may — based on specific statutory provisions — vary from the general standard set forth in section 57.041, it is universally true that costs are at issue when a lawsuit is brought....

...n to tax costs. On remand, the trial court shall determine the issue of costs under section 86.081, which governs the award of costs in *885 declaratory judgment actions. The circumstance that First Protective's motion to tax costs made reference to section 57.041 — which is not applicable in the context of a declaratory judgment action — rather than to section 86.081, does not preclude an award of costs under the governing statutory provision....

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

...heir factually meritless position" by insisting throughout the litigation that Khromov executed the deed. The trial court also granted Khromov's motion for additional attorney's fees related to the partition and as a prevailing party for purposes of section 57.041....

...Propst, alleging loss of consortium, did not. This situation seems analogous to a situation in which a party filing a multicount complaint prevails on only one count of that complaint. In such a situation, the party filing the complaint is, for purposes of awarding costs under section 57.041(1), Florida Statutes (1979), the "party recovering judgment." Hendry Tractor Company v....

...In any event, we conclude that the error occasioned by the issuance of the curative instruction in this case mandates the grant of a new trial on the issue of damages. In closing, we note that Network argues that the trial court erred in awarding the Bjorkmans' their court costs. The cost award was based upon section 57.041 of the Florida Statutes (1997), which provides that "[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment...." Since we have affirmed the jury's finding of liability, we also affirm the award of court costs....

...She also challenges the separate final judgment awarding Allstate attorney's fees and costs. We affirm the award of costs but strike that part of the judgment awarding Allstate attorney's fees. Allstate filed a motion to tax attorney's fees and costs pursuant to sections 45.061, [1] 57.041, and 768.79, Florida Statutes (1987), and Florida Rule of Civil Procedure 1.442. The trial court granted the motion without reference to the rule or any of the statutes. We affirm the award of costs to Allstate as it is the prevailing party under section 57.041....

...Farnes, 697 So.2d 825 (Fla.1997); Baptist Mem'l Hosp., Inc., 384 So.2d 145 (Fla.1980), or has been denied, see, e.g., Reid v. Medical & Prof'l Mgmt. Consultants, Inc., 744 So.2d 1116 (Fla. 1st DCA 1999). [3] K-Mart's offer was "inclusive of costs." Appellants' taxable pre-offer costs, to which they are entitled under section 57.041, Florida Statutes, apparently are yet to be determined....

...Scharlins’ claim against the manufacturer of the windows in their home; this claim was for a separate lawsuit to which APHCI was not a party. Florida law permits the taxing of certain costs incurred by a prevailing party against a losing party. See § 57.041, Fla....

...tion Law which authorizes the assessment of costs against the Special Disability Trust Fund and that there was no other Florida statute applicable. Petitioner contends that the question of costs in this case should be controlled by Florida Statutes, Section 57.041(1), which provides that a "party recovering judgment shall recover all his legal costs and charges", and this Court's decision in Simpson v....

...The plaintiffs there prevailed on their count sounding in negligence, but not on their theory of strict liability/breach of warranty. The court held that the plaintiffs, who had prevailed on one theory of liability, were entitled to costs, pursuant to Section 57.041, Florida Statutes, which provides that a party recovering a judgment shall also recover legal costs....

...Mohammed, 686 So.2d 629 (Fla. 5th DCA 1996), rev. denied, 697 So.2d 510 (Fla. 1997); Collins v. Wilkins, 664 So.2d 14 (Fla. 4th DCA 1995), rev. denied, 670 So.2d 937 (Fla.1996). We also conclude that the court should have awarded the full amount of costs taxable under section 57.041, Florida Statutes, rather than limiting this award to costs incurred after the proposed settlement....

...We disagree with Haskell's contentions and therefore affirm the lower court's judgment on the points raised by him. We find merit, however, in Forest Land's claim that interest should have been awarded to it and reverse and remand with instructions on that point. Section 57.041, Florida Statutes (1981), provides that "[t]he party recovering judgment shall recover all his legal costs and charges......

...These damages were fixed by a contract and were liquidated; therefore, prejudgment interest should have been awarded. Town of Longboat Key v. Carl E. Waddell & Son, 362 So.2d 719 (Fla. 2d DCA 1978). Finally, the judge failed to provide for taxation of costs in favor of the prevailing party as required by section 57.041, Florida Statutes (1983)....

...Yet costs do not always follow the decree in favor of a party; they are in the sound discretion of the court, and are to be awarded or refused according to the justice of each particular case." That and many later cases have stated the proposition that in equity suits the mandatory requirement of the statute (§ 57.041 Fla....

...Although by seeking accounting in that regard the plaintiff invoked an equitable remedy, essentially this action was ex contractu, for recovery of damages for breach of contract, thereby making reasonable, if not legally requisite, application of the rule for costs to follow the judgment as provided for by § 57.041 Fla....

...4th DCA 1983). They are also included in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, printed in Florida Rules of Court at 1591 (West 2000). The guidelines, which are to be used in assessing prevailing party costs under section 57.041, Florida Statutes (1997), authorize travel expenses for expert witnesses under some circumstances but specifically state that travel expenses of counsel incurred in taking out of town depositions "should not" be taxed as costs....

...On the other hand, abatement in an action in equity is merely a suspension of the action which can be revived. Id. (citing F.A. Mfg. Co. v. Hayden & Clemons, 273 F. 374 (Mass.1921)). See also 1 Am. Jur.2d, Abatement, Survival, and Revival, § 1. [2] Our holding is limited to costs awarded under section 57.041, Florida Statutes (1997).

...ntiff failing to establish that he had sustained a permanent injury within a reasonable degree of medical probability. The Weeks court held that under the final judgment the defendants "were entitled to a judgment for their taxable costs pursuant to section 57.041(1), Florida Statutes (1987), because they were the parties recovering judgment." Weeks, 566 So.2d at 345....

...are "entitled to a judgment for their taxable costs" since *581 "they were the parties recovering judgment." Weeks, 566 So.2d at 345. See also Chivers v. Smith, 556 So.2d 798 (Fla. 4th DCA 1990); Upson v. Hazelrig, 444 So.2d 1127 (Fla. 3d DCA 1984); § 57.041, Fla....

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

...Dolphin Reef, Ltd., 455 So.2d 640 (Fla. 2d DCA 1984) (appellee was prevailing party and entitled to contractual attorney's fees even though recovery was less than sought in initial counterclaim). Furthermore, the Daniels, as the "party recovering judgment" under section 57.041, Florida Statutes, were entitled to the payment of their costs by Johannesen as was ordered by the trial court....

...ts for a defendant who, as here, is the prevailing party, see Delta Air Lines, Inc. v. August, 450 U.S. 346, 101 S.Ct. 1146, 67 L.Ed.2d 287 (1981), plainly the defendants in the instant case were entitled to all their "legal costs and charges" under Section 57.041, Florida Statutes (1989), because they were the prevailing parties below; indeed, the trial court had no discretion to deny the defendants such costs....

...The airport authority, in an effort to have that decision reversed, filed an action against CDC in the circuit court seeking declaratory and injunctive relief. The trial court entered a final judgment approving the action of the *1059 county commission. [1] CDC's subsequent motion to tax costs pursuant to section 57.041, Florida Statutes (1985), was granted, and a cost judgment in the amount of $39,497.96 was entered....

...CDC, on the other hand, contends that the airport authority is not a state agency and, therefore, section 57.111(4)(d)(2) does not apply. CDC also contends that section 57.111 provides an additional or alternative remedy to small businesses but does not limit a cost award entered pursuant to section 57.041....

...Since we agree with CDC's second contention, it is not necessary for us to decide whether the airport authority is a state agency or whether CDC qualifies as a small business party according to the provisions of section 57.111. CDC, as the prevailing party in the trial court, sought to recover its costs pursuant to section 57.041....

...Prior to the enactment of section 57.111 in 1984, costs clearly could be taxed in favor of the party recovering a judgment against the state or one of its agencies. See Simpson v. Merrill, 234 So.2d 350 (Fla. 1970). CDC, accordingly, would have had the statutory right pursuant to section 57.041 to recover its costs without being subject to a statutory maximum even if the airport authority is a "state agency." We disagree with the airport authority's contention that because the legislature enacted section 57.111 after the Simp...

....111 was designed to provide costs and/or attorney's fees in some situations where there were then no provisions for these awards. For instance, section 57.111 provides for costs and attorney's fees in actions that are purely administrative, whereas section 57.041 provides for costs in judicial actions only....

...s, an additional means for a small business to recover costs and attorney's fees when a state agency initiates an action against it. This construction of section 57.111 gives both statutory sections a field of operation and does not repeal or render section 57.041 ineffective. See Oldham v. Rooks, 361 So.2d 140 (Fla. 1978). This construction, furthermore, does not place section 57.111 in conflict with section 57.041 or section 57.105, or with other statutes covering the same general field....

...a less advantageous position, not a more equal position, when it comes to defending themselves against state agency action. In this case, CDC's costs exceeded $15,000. Since we hold that section 57.111 does not take away any rights a party has under section 57.041, CDC had the right to proceed as it did, and the court was correct in awarding the costs under section 57.041 without determining whether CDC qualified as a small business party or whether the airport authority was a state agency....

...Theis, 507 So.2d 697 (Fla. 1st DCA 1987). Tierra also cites to several cases which interpret section 768.79 and recognize that a valid proposal for settlement, under the offer-of-judgment statute, cuts-off a party's entitlement to post-offer costs under section 57.041, see Goode v....

...on. [5] In Goode, the appellee had failed to obtain a judgment greater than 75% of the offer made by appellant pursuant to section 768.79, yet the trial court denied the appellant's motion for fees and costs and awarded costs to appellee pursuant to section 57.041, Florida Statutes (1991)....

...After concluding that appellant should have been awarded fees and costs under section 768.79, unless the offer was not made in good faith, the Fourth District reversed the trial court's award of costs incurred after the appellant's offer was filed, concluding that section 768.79 controlled over section 57.041....

...Therefore, Massey did not satisfy the third element of the legal malpractice claim— David's actions did not cause Massey to suffer any injury. Accordingly, the court properly entered a final judgment in favor of David at the conclusion of the proceeding, and Massey was not entitled to costs. See § 57.041(1), Fla....

...costs and charges which shall be included in the judgment. . . ."); see also, e.g., Cheetham v. Brickman, 861 So.2d 82, 83 (Fla. 3d DCA 2003) ("The law is clear that only a prevailing party who recovers a judgment is entitled to recover costs under section 57.041."); Tacher v. Mathews, 845 So.2d 332, 334 (Fla. 3d DCA 2003) ("Section 57.041 mandates that a party recovering a judgment is entitled as a matter of right, to recover lawful court costs. . . . Judgment is defined as `[a] determination of a court of law; a judicial decision.'"); Figliolia v. Butler, 757 So.2d 1269, 1270 (Fla. 4th DCA 2000) ("According to section 57.041(1) of the Florida Statutes (1997), `[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.' Since the final judgment awarded Butler $0, she did not recover judgment....

...Based on the foregoing, we AFFIRM the final judgment assessing costs. ALLEN, KAHN, and DAVIS, JJ., concur. NOTES [*] Separate costs judgments are regularly appealable as final judgments. See, e.g., Dudley v. McCormick, 799 So.2d 436 (Fla. 1st DCA 2001) (affirming award of costs under section 57.041 and indicating separate judgment had awarded costs and defense judgment in "main" case previously appealed and affirmed); Danner Constr....

...Co. v. Reynolds Metals Co., 760 So.2d 199 (Fla. 2d DCA 2000) (reversing denial of costs, noting that amended final judgment in defendant's favor was affirmed in separate appeal, and finding defendant entitled to costs as prevailing party pursuant to section 57.041).

...Considering fairness to the vehicle owner and judicial economy, there should be no necessity for another legal proceeding for that purpose. Our conclusion is consistent with the foregoing characterization of forfeiture proceedings as civil in nature and with section 57.041, Florida Statutes (1981), providing for the award of legal costs and charges to the prevailing party....

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

...Exotic Pools, Inc., 699 So.2d 796 (Fla. 4th DCA 1997). Albright testified that it would cost approximately $50,000 to cure the defects in the Salazars' home, and the trial court accordingly awarded $50,000. Next, Ivey argues that that he is entitled to costs pursuant to section 57.041, Florida Statutes. [2] In this case, the trial court found that each party prevailed against the other and declined to award costs. In Oriental Imports, Inc. v. Alilin, 559 So.2d 442 (Fla. 5th DCA 1990), we held that under section 57.041, a judge does not have discretion to deny recovery of costs to a prevailing party....

...ance of house. 8. Foam square base at two columns at lanai area inappropriate for high-traffic area. 9. Pavers associated with pool deck stained and/or chipped and/or several areas not level. 10. Site includes inadequate drainage of storm water. [2] Section 57.041, Florida Statutes, provides: The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment....

...dulently transferred assets toward satisfaction of Mortgage Consultants' May 29, 2003 judgment debt. See § 56.29(5). We next address Gaedeke's argument that it was error not to award it costs as the prevailing party in the supplemental proceedings. Section 57.041(1) provides that "[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment...." The Appellees correctly contend that section 56.29(11) precludes any award of costs against impled defendants....

...n lien suit, the award of fees to the prevailing party is mandatory. Heidle v. S & S Drywall & Tile, Inc., 639 So.2d 1105 (Fla. 5th DCA 1994). In addition to attorney's fees, the prevailing party is also entitled to recovery of its costs pursuant to section 57.041, which provides: "The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment....

...The mortgage provided for attorney's fees and costs in any action to foreclose upon such a default. We hold that appellant was entitled to a reasonable award of attorney's fees. Absent a contract or statutory provision, costs are ordinarily awarded to the prevailing party in civil litigation. See § 57.041, Fla....

...cur the costs necessary to prove they were entitled to benefits originally denied by Foremost. Such a result would be detrimental to the injured person. Furthermore, taxable costs are awarded to the prevailing party or the party recovering judgment. § 57.041, Fla....

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

...It is further ORDERED and ADJUDGED that this Court shall retain jurisdiction to determine taxable costs. DONE and ORDERED in Chambers at Tampa, Hillsborough County, Florida. *345 We conclude that under the terms of that judgment, appellants were entitled to a judgment for their taxable costs pursuant to section 57.041(1), Florida Statutes (1987), because they were the parties recovering judgment....

...nt of costs against him. Appellee contends that the opinion of the Supreme Court in Simpson v. Merrill, Fla., 234 So.2d 350 (which affirmed the opinion of this court) is controlling. There the Supreme Court held that under the general costs statute, § 57.041(1), Florida Statutes, costs may be taxed against the state and its agencies in favor of the party recovering judgment. The Supreme Court said: "... Florida Statutes § 57.041 F.S.A....

...provides for the recovery of legal *176 costs by the party recovering the judgment in all cases except those specifically exempted. The exemptions in the statutes do not include the State or its agencies and we can find no basis for reading such an exemption into the plain language of the Act." In the case sub judice, § 57.041 must be considered in pari materia with § 60.05....

...On June 19, 1995, six months after the issuance of our mandate and nineteen months after the entry of the court's final judgment, Falls filed a motion for attorney's fees and costs for the first time. The motion sets forth that it was being filed pursuant to section 57.041. That statutory provision deals with prevailing party costs, not fees. See § 57.041, Fla....

...his later motion to vacate the cost order. The trial court held that Reinhardt was not entitled to recover any costs because rule 1.442 is unconstitutional in that it violates the separation of powers doctrine [1] and conflicts with sections 768.79, 57.041 and 45.061, Florida Statutes (1987)....

...It ruled in Bono's favor on statutory and constitutional grounds and terminated the hearing. The trial court found Santiesteban v. McGrath, 320 So.2d 476 (Fla. 3d DCA 1975) [3] to be controlling. When this cause *1235 went to trial, [4] the trial court did not have discretion to fail to tax costs under rule 1.442. Further, section 57.041, which provides in general that a party recovering a judgment shall recover all legal costs, neither infringes upon nor affects rule 1.442....

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

...Section 61.16, Florida Statutes (1983), is inapplicable because this was not a marriage dissolution matter. Section 742.031, Florida Statutes (1983), does not apply because respondent/appellee was not a prevailing complainant in a paternity case. *63 The general statutes similarly fail to authorize the assessments. Section 57.041 provides for recovery of costs by the prevailing party; and section 57.105 authorizes award of reasonable attorney's fees to the prevailing party only when the losing party has raised no justiciable issue....

...Plichta, 899 So.2d 1283 (Fla. 2d DCA 2005); Se. Capital Fin. Inc. v. T/F Sys., Inc., 616 So.2d 482 (Fla. 4th DCA 1993). Even if the issue had not been waived, appellants have not demonstrated that the award of costs was not proper under the prevailing party costs statute, section 57.041(1), Florida Statutes (2001), which appellees relied upon in their *451 motion for costs and which provides that "[t]he party recovering judgment shall recover all his or her legal costs and charges." Affirmed in part; reversed in part....

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

...Saftpay prevailed completely on the other. The trial court was completely reasonable in determining that neither party should recover fees. Ruffa’s final point of contention is that she was entitled to costs as the prevailing party under section 57.041 of the Florida Statutes (2013). Section 57.041(1) provides in relevant part: “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment . . . .” Unlike the discretionary award of attorney’s fees under section 448.08, an award of costs to the prevailing party pursuant to section 57.041 is mandatory in nature. Wilerson v....

...attorney’s fees and costs discretionary: “The court may award to the prevailing party in an action for unpaid wages costs of the action and a reasonable attorney’s fee.” § 448.08 (emphasis added). Moreover, Ruffa’s motion seeking costs directly cited section 448.08, not section 57.041....

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

...There also is no evidence that Cheetham took any action "primarily for the purpose of unreasonable delay" within the meaning of section 57.105(3) of the Florida Statutes. We also reverse the award of costs. The law is clear that only a prevailing party who recovers a judgment is entitled to recover costs under section 57.041, Florida Statutes (2002)....

...On January 5, 1994, the defendants sent Johnson an offer of judgment, which she rejected. A verdict of no liability was thereafter returned by a jury in favor of the defendants. Upon proper motion, the trial court awarded the defendants $43,317.50 in attorney's fees under section 768.79 and $53,627.61 in costs under section 57.041, Florida Statutes (1991)....

...ecause a no liability judgment was entered in favor of the defendants, they are not entitled to an award of attorney's fees pursuant to section 768.79, Florida Statutes (1989). Accordingly, we AFFIRM that part of the order awarding costs pursuant to section 57.041 and REVERSE that part of the order awarding attorney's fees and costs pursuant to section 768.79....

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

...The trial court denied Liebling's motion for a new trial on the threshold issue of damages. Final judgment in the amount of $1,237.39 was entered in favor of Liebling against FEM. FEM filed a motion to tax costs and to impose sanctions pursuant to rule 1.442. Liebling filed a motion to tax costs pursuant *443 to section 57.041, Florida Statutes (1991), as the prevailing party....

...Even though the jury found that the threshold requirement for bodily injury was not met for purposes of section 627.737(2), Florida Statute (1991), the fact remains that Liebling is the prevailing party in this case and, as such, is entitled to his taxable costs. See § 57.041(1), Fla....

...2001). Anderson argues that the trial court erroneously determined his entitlement to fees and costs with reference to the amount of the verdict rather than the amount of the judgment obtained. Alternatively, he argues he was entitled to costs under section 57.041, Florida Statutes (2001), but that the trial court erroneously determined that he was not the party recovering judgment....

...eeds from the sale of the boat, was not at least 25 percent less than the amount of the offer, the trial court found that Anderson was not entitled to attorney's fees and costs. The court also determined that Anderson was not entitled to costs under section 57.041 because he was not the party recovering judgment....

...t of those fees and costs. § 768.79(1). Because we agree with Anderson that he is entitled to his attorney's fees and costs under his offer of judgment, it is unnecessary for us to address his alternative argument that he is entitled to costs under section 57.041....

...Accordingly we elect to deal with it by way of summary disposition pursuant to Florida Rule of Appellate Procedure 9.315(a). We affirm. In this proceeding, appellants moved for an award of costs relating to a lawsuit which had been completed below. They sought the award pursuant to section 57.041 [2] on the ground that they were the "prevailing" [3] party....

...ttorney fees, pursuant to section 57.105(2). Appellants took an untimely appeal from that order, and this court dismissed for lack of jurisdiction. [4] While that appeal was still pending, appellants moved for and were denied an award of costs under section 57.041, which is the subject of this appeal....

...2d DCA 1995); Reliable Reprographics Blueprint and Supply, Inc. v. Florida Mango Office Park, Inc., 645 So.2d 1040 (Fla. 4th DCA 1994); In Re Lindsay's Estate, 207 So.2d 736 (Fla. 4th DCA 1968). AFFIRMED. GOSHORN and HARRIS, JJ., concur. NOTES [1] Fla. R.App. P. 9.300(b). [2] Section 57.041 provides: 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. [3] The "party recovering judgment" under section 57.041, and the "prevailing party" under section 57.105 are governed under the same principles....

...1973, provides: "Costs for proceedings supplementary shall be taxed against the defendant as well as all other incidental costs determined to be reasonable and just by the court including, but not limited to, docketing the execution, sheriff's service fees, and court reporter's fees." Unlike § 57.041, F.S....

...We conclude accordingly that reversal is required for the foregoing reasons, without consideration of the merits of appellant's third stated issue, supra. As a prevailing party in an action for unpaid wages, appellant is entitled to attorney's fees and costs pursuant to section 448.08, Florida Statutes (1985) and section 57.041, Florida Statutes (1985)....

...Where, as here, the jury finds that the automobile accident was caused solely by the defendant's negligence, but awards the plaintiff no damages for the claimed injuries to his person and property, the plaintiff is nevertheless the sole party *1128 entitled to recover judgment and thus costs under Section 57.041, Florida Statutes (1983), Raffel v....

...The Court adopted a more flexible rule in awarding attorney's fees by allowing the trial judge to determine from the record which party in fact has prevailed on the significant issues tried. The same concept was followed by this court in Granoff in determining the prevailing party entitled to costs under section 57.041, Florida Statutes (2005)....

...Services, Inc., 561 So.2d 469 (Fla. 2d DCA 1990) (section 45.061); Kline v. Publix Supermarkets, Inc., 568 So.2d 929 (Fla. 2d DCA 1990) (section 768.79 and rule 1.442). We remand this cause for the trial court to vacate the fee award and enter an award for costs pursuant to section 57.041, Florida Statutes (1989)....

...Appellant Puder has not clearly demonstrated that the trial court abused that discretion by taxing costs in favor of the successful third party defendants, who were brought into the lawsuit by Puder, and refusing to charge such costs against the defendant counterclaimants, Revitz and Flagler. Section 57.041, Florida Statutes (1979)....

...In this case, the trial court found that Appellees' claims did not meet the threshold, and we find no error. Seminole County additionally contends that it was entitled to taxation of costs as the prevailing party below under either 42 U.S.C. section 1988 or section 57.041, Florida Statutes....

...Although the trial court has determined in its decision on the motion for attorney's fees and costs that Seminole County is not entitled to costs under the federal statute, the County is entitled to recover at least some costs under the state statute because section 57.041(1) "mandates that a party recovering a judgment is entitled, as a matter of right, to recover lawful court costs." Tacher v....

...[2] We note that at the hearing, the trial court indicated that it believed Seminole County's motion for taxation of costs did not "pass muster" because it did not contain an attached affidavit or supporting documentation; instead, the motion only contained an itemized list of costs expended. However, nothing in section 57.041, Florida Statutes or Florida Rule of Civil Procedure 1.525 requires supporting affidavits....

...In Hendry Tractor Company v. Fernandez, 432 So.2d 1315 (Fla. 1983), plaintiffs sued defendants on alternative theories of negligence and strict liability. The jury found the defendants liable for negligence but not under the strict liability count. Citing section 57.041(1), which provides for payment of costs by the losing party in civil litigation, the defendants sought recovery for costs under the strict liability count....

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

... Steven Frischer appeals from a final order of the trial court denying his motion for attorney’s fees and prejudgment interest as a sanction under section 57.105, Florida Statutes (2011), and denying him costs as the prevailing party under section 57.041, Florida Statutes (2011). We affirm the denial of attorney’s fees under section 57.105....

...The argument, however, that the cause of action did not accrue until recently, although feeble, was not so entirely devoid of merit that the trial court’s decision to decline to award fees rose to the level of an abuse of discretion. The trial court, however, erred in failing to award costs. Section 57.041 provides: (1) The party recovering judgment shall recover all of 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...

...3d 965, 967 (Fla. 1st DCA 2014) (“Courts have interpreted this statute as removing from the trial court the discretion to deny costs to the prevailing party in a civil action.”). Frischer specifically requested costs as the prevailing party pursuant to section 57.041....

...See In re: Estate of Paulk v. Lindamood, 529 So.2d 1150, 1153 (Fla. 1st DCA 1988). Accordingly, section 733.705 applies in this case and precludes attorney's fees for Snyder. Finally, Snyder argues that she is entitled to costs pursuant to sections 733.705 and 57.041, [1] Florida Statutes (1995). This court's holding that section 733.705 precludes attorney's fees in favor of Snyder applies to preclude costs under this section as well. Additionally, Snyder's argument that application of section 57.041 is mandatory fails because we conclude that section 733.705 controls....

...Affirmed in part; reversed and remanded for the trial court to reconsider Bell's motion for attorney's fees. CAMPBELL, A.C.J., and CASANUEVA, JJ., Concur. NOTES [1] That section provides: "The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment...." § 57.041, Fla....

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

...v. Atlantic Central Corp., 546 So.2d 1151 (Fla. 4th DCA 1989). We also agree that the former wife is entitled to post-judgment attorney's and receiver's fees and costs until the judgment is fully satisfied. Id. at 1151; § 57.115, Fla. Stat. (2007); § 57.041, Fla....

...intiff damages but found her to be eighty percent negligent. Id. at 318-19. The court denied the plaintiff's motion to tax costs. Id. at 319. On appeal, the plaintiff argued that she was entitled to costs as the prevailing party pursuant to section. 57.041, Florida Statutes (2003). M at 320. The Fourth District agreed and reversed. In so doing, the court held that section 44.103(6) did not preclude an award of costs under section 57.041. The court held that because section 44.103(6) was silent on "the issue of fees and costs where an arbitration award is unchallenged," then section 57.041 controlled....

...Citizens’ counterclaim for unjust enrichment. Neither party appealed the final judgments; however, both parties moved to tax fees and costs. Citizens sought fees under the offer of judgment statute (section 768.79, Florida Statutes (2012)) and costs under section 57.041, Florida Statutes (2012). Bascuas sought fees under section 627.428(1), Florida Statutes (2012) and costs under section 57.041. 4  The trial court granted Bascuas’ motion for attorney’s fees and costs, and denied Citizens’ motion for attorney’s fees and costs....

...Citizens’ counterclaim, and the trial court properly awarded attorney’s fees and costs to Bascuas. 8  Finally, and as Bascuas properly concedes, the trial court erred in failing to grant Citizens its costs under section 57.041 because Citizens prevailed on Bascuas’ breach of contract claim.4 We affirm the trial court’s order awarding attorney’s fees to Bascuas based upon the judgment rendered in Bascuas’ favor on the unjust enrichment counterclaim. We reverse the trial court’s order denying Citizens’ motion for costs based on the judgment in Citizens’ favor on the breach of contract claim, and remand for further proceedings consistent with this opinion. 4 Section 57.041(1), Florida Statutes (2012) provides in pertinent part: “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment....

...Millard, 553 So.2d at 1252. However, the trial court erred in its order denying costs to Globe Auto. As the Fifth District Court recently stated in Oriental Imports, Inc. v. Alilin, 559 So.2d 442 (Fla. 5th DCA 1990): The issue of recovery of costs is resolved by section 57.041 prescribing that "[t]he party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment...." This court has previously stated "that section 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the party recovering the judgment." Alilin, 559 So.2d at 443 (citations omitted)....

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

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

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

...tion of the final judgment pertaining to amounts owed under the promissory note. Seaboard also cross-appeals, asserting that the trial court erred in ordering each party *890 to bear its own costs. We agree that the trial court erred in this regard. Section 57.041, Florida Statutes (1991), provides in pertinent part: (1) The party recovering judgment shall recover all his legal costs and charges which shall be included in the judgment[.] "`[S]ection 57.041 mandates that every party who recovers a judgment in a legal proceeding is entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute to deny court costs to the prevailing party recovering judgment.'" Oriental Imports, Inc....

...arged from any debt arising out of a deficiency judgment. The creditor in that situation has no way to recover the costs unless proceeds from the sale of the security are sufficient to make him whole. A prevailing party can recover costs pursuant to section 57.041, Florida Statutes (1989)....

...ult. This expansive language, coupled with an absence of language restricting recovery to an award of costs imposed by statute, indicates that the mortgagee would not be satisfied in the event of default with an award "only" of costs contemplated by section 57.041....

...Pena, 664 So.2d 959, 960 (Fla.1995) ("[A]ttorney's fees may only be awarded by a court pursuant to an entitling statute or an agreement of the parties."); Plapinger v. E. States Props. Realty Corp., 716 So.2d 315, 317 (Fla. 5th DCA 1998). However, we do remand for reconsideration of Skylark's costs pursuant to section 57.041, Florida Statutes....

...s to which Skylark was entitled. [3] Jones v. ETS of New Orleans, Inc., 793 So.2d 912, 915 (Fla.2001) ("A prevailing party is entitled to recover from the losing party `all his or her legal costs and charges which shall be included in the judgment.' § 57.041, Florida Statutes."); Folta v. Bolton, 493 So.2d 440, 442 (Fla.1986) ("Although section 57.041 provides for costs to `the party recovering judgment' and section 768.56 provides for `prevailing party' attorney fees, we concede that the same principles should be applied under each provision."); Wyatt v. Milner Document Prods., Inc., 932 So.2d 487 (Fla. 4th DCA 2006) (applying a prevailing party standard to determine costs under section 57.041, Florida Statutes); Granoff v....

...Contract. This was not a case where the contractual provision defined the scope of "costs" to be awarded to a prevailing party. Thus we construe the term as it is used in the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions and in section 57.041, Florida Statutes (2006)....

...iction over the above styled case in order to determine the issue of attorney's fees and costs as herein stated.... Thereafter, Growers moved for attorney's fees and costs. It alleged entitlement to fees pursuant to chapter 713 and costs pursuant to section 57.041, Florida Statutes (1999). Appellants, asserting the rights they had reserved in the joint stipulation and settlement agreement, opposed any costs award and claimed that under section 57.041(1) Growers was not entitled to an award because they did not receive a judgment....

...recovery under the joint stipulation and settlement agreement. Further, while Growers settled with appellants, it did not obtain a judgment on its mechanics' lien, [5] or on any other basis. Thus, although we conclude that a costs award under either section 57.041 or chapter 713 was inappropriate, the trial court could have determined that Growers was the prevailing party under either Count III or IV, actions for open account and quantum meruit....

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

...1st DCA 1992)); Attorney’s Title Ins. Fund, Inc. v. Landa-Posada, 984 So. 2d 641, 643 (Fla. 3d DCA 2008) (“Costs recovered by a litigant do not include attorney’s fees.”); Price v. Tyler, 890 So. 2d 246, 253 (Fla. 2004) (construing the term “costs” in section 57.041, Florida Statutes (2001), as not including attorney’s fees); Zosman v....

...We are compelled to reverse the award of attorney's fees. Although not raised in this appeal, we note that the final judgment did not itemize the amount of the award attributable between fees and costs. Our decision does not affect the cost award inasmuch as Spurlock was the prevailing party. See § 57.041, Fla....

...to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney . . . .”). It may also be worth noting that, while an award of costs is not authorized under section 57.105, Florida Statutes (2011), such awards are authorized under section 57.041(1), Florida Statutes (2011), if timely requested....

...Michael J. Pucillo of Berman DeValerio, Palm Beach Gardens, for appellees. WARNER, J. In an inverse condemnation action, the Department of Agriculture appeals the trial court's order denying its request for costs as the prevailing party pursuant to section 57.041, Florida Statutes....

...No matter how one looks at the facts, the owners prevailed on the significant issues. The mere fact that the owners sought more in damages than the jury awarded does not mean that they did not prevail on both issues of liability and damages. Moreover, section 57.041, Florida Statutes, applies to all civil actions except those that are governed by specific statutes containing more particular provisions concerning the taxation of costs....

...er. After the jury's verdict, Ms. Gawtrey moved for the entry of final judgment in her favor and for an award of attorney's fees and costs based on the rejected offer of settlement. Ms. Gawtrey *742 also requested an award of her taxable costs under section 57.041, Florida Statutes (2008)....

...Based on these factors, Ms. Gawtrey could have reasonably concluded that her exposure to liability at trial was, in fact, nominal. Thus her $1500 offer had a reasonable foundation. In addition, the trial court should have awarded Ms. Gawtrey her costs under section 57.041(1)....

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

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

...insured, entitling it to reimbursement for its costs. Therefore, Callies, the insured, does not, as the appellants suggest, get the windfall of keeping costs which it never paid in the first instance. Although Hough involved an award of costs under section 57.041, Florida Statutes (1987), the Hough court suggested that the same result should apply to any other provision dealing with cost awards....

...ere was no statutory basis for the award and that Benson was not the prevailing party. NLPT's contention that Benson was not the prevailing party is not supported by the record. As the prevailing party, Benson was entitled to recover her costs under section 57.041, Florida Statutes (2001)....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...Samuel Yeboah of Yeboah Law Offices P.A., Fort Lauderdale, for appellees. KLINGENSMITH, J. DFC Tamarac, Inc., d/b/a Tamarac Preschool Academy (“appellant”) appeals the final order of the trial court denying its motion for attorney’s fees and costs pursuant to section 57.041, Florida Statutes (2012), and section 768.79, Florida Statutes (2012)....

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

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

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

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

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

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

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

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

...82, 283 (Fla.1994). This discretionary standard for costs in disciplinary proceedings had earlier been adopted by this Court explicitly over the alternative civil standard, under which the prevailing party "shall recover all his or her legal costs." § 57.041(1) Fla....

...In rejecting the Bar's request and approving the referee's recommended partial cost award, this Court explained as relevant here: We have set no hard or fast rules relative to the assessment of costs in disciplinary proceedings. In civil actions the general rule in regard to costs is that they follow the result of the suit, section 57.041, Florida Statutes (1981), Dragstrem v....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...In Stockman v. Downs, 573 So. 2d 835, 837 (Fla. 1991), the Florida Supreme Court held that “a claim for attorney’s fees, whether based on statute or contract, must be pled.” However, this pleading requirement does not apply to costs, which may be awarded pursuant to section 57.041 to “any party recovering judgment.” See First Protective Ins....

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

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

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

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

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

...District Court of Appeal of Florida, Fifth District. July 7, 1988. *88 Linda K. Harris, Gainesville, for appellant. No appearance for appellee. SHARP, Chief Judge. The Department of Health and Rehabilitative Services appeals from the trial court's order awarding costs against HRS pursuant to section 57.041, Florida Statutes (1987) [1] in a Chapter 39 proceeding....

...At the closing of HRS's case, the trial court dismissed the petition on the ground that the evidence presented was insufficient to support a finding of dependency. Counsel for the parents filed a motion for attorney's fees and costs, pursuant to sections 57.105 and 57.041, Florida Statutes (1987), respectively....

...Collier Development Corp., 515 So.2d 1058 (Fla. 2d DCA 1987). We do not think this provision impacts the award of costs in a juvenile proceeding. *89 The Florida Supreme Court held that costs can be taxed against the state and its agencies pursuant to section 57.041. Simpson v. Merrill, 234 So.2d 350 (Fla. 1970). The court reasoned that section 57.041: provides for the recovery of legal costs by the party recovering the judgment in all cases except those specifically exempted....

...By contrast, the Clerk and the Sheriff did not charge HRS with fees for their services. HRS became obligated to pay the fees in question because the trial court ordered HRS to reimburse the parents for these fees. This the trial court had the legal authority to do under section 57.041, Florida Statutes....

...782 (1887); Dade County v. Strauss, 246 So.2d 137, 141 (Fla. 3d DCA 1971). See also, 20 C.J.S., Costs, § 1, and cases cited therein. The majority opinion does not make that distinction clear, nor did the court do so in A.Z. v. State, 404 So.2d 386 (Fla. 5th DCA 1981). Section 57.041, Florida Statutes (1987) provides for the recovery of all legal costs and charges from the losing party, and reading this section in conjunction with sections 39.19 and 39.414, it must be concluded that although court fees are not recoverable, legal costs may be recovered....

....S. was held responsible for such costs in those cases because of section 827.07(11) [2] which places the prime responsibility on the Department for protecting *91 abused or neglected children. See In The Interest of M.P., 453 So.2d at 87. NOTES [1] 57.041 Costs; recovery from losing party....

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

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

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

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

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

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

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

...missal of a dependency action. We reverse the award of fees in its entirety, finding that DCF's verified petition for dependency was always supported by the material facts necessary to establish a claim for dependency. As to the award of costs under section 57.041, we affirm without further discussion....

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

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

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

...a statute, by agreement or by contract. Fla. Patient's Comp. Fund v. Moxley, 557 So.2d 863 (Fla.1990); Donner v. Red Top Cab & Baggage Co., 160 Fla. 882, 37 So.2d 160, 161 (1948); see also Price v. Tyler, 890 So.2d 246, 251 (Fla.2004) (holding that section 57.041, Florida Statutes, which entitles a prevailing party in a civil action to costs, does not encompass attorney's fees)....

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

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

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

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

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

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

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

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

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

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

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

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

...on, viewing the entire "action brought" as a whole. § 713.29, Fla. Stat. (2008). See Trytek, 3 So.3d at 1203-04; Prosperi v. Code, Inc., 626 So.2d 1360, 1362-63 (Fla. 1993). As the "party recovering judgment," moreover, M & R was entitled to costs. § 57.041, Fla....

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

...Having found that the original section 44.103(6) applies, we next turn to the dispositive issue — whether taxable costs [1] should be considered as part of the judgment when determining whether a party received a more favorable award at a trial de novo or in non-binding arbitration. Section 57.041, Florida Statutes (2006), states: (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. This provision thus operates to award costs to the prevailing party, and by its language, the judgment entered must include costs awarded. Thus, section 57.041 places a party who loses in a non-binding arbitration proceeding and decides to move for a trial de novo on notice that all properly taxable costs will be included in the judgment. Antunez makes no mention of section 57.041 in his arguments....

...opponent's success in litigating the suit after arbitration. Antunez posits that in most cases, the opponent can mount enough post-arbitration costs to make it seem that the trial award was more favorable. However, even if the mandatory language of section 57.041 is not taken into consideration, Antunez' argument is not persuasive since a court is permitted to award only reasonable costs....

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

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

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

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

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