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....

...orced to file a motion to dismiss. Nu-Cape’s subsequent request for attorney fees failed to cite any relevant authority to support its entitlement to fees other than merely to cite the rule and statute under which the fees were sought, (Rule 54, F.S. 57.041, and 57.105)....

...Review of Denial of Fees and Award of Sanctions Rule 11 sanctions are available when a motion, pleading, or other paper reflected what could not reasonably have been believed by the signer at the time of the signing. Didie v. Howes, 988 F.2d 1097, 1104 (11th Cir.1993). Nu-Cape moved for attorney fees under Rule 54, F.S. 57.041, and F.S....

...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....

...ng party for the purpose of an award of fees. RC Highlands claimed attorney’s fees under the attorney’s fee provision in the mortgages and under section 57.105(7), Florida Statutes (2008). In addition, RC Highlands sought an award of costs under section 57.041(1), which provides, in pertinent part, that “[t]he party *1039 recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” After a hearing limited to the issue of entitlement,...

...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....

...ing for recovery of attorney’s fees and costs pursuant to proposals for settlement; (2) section 57.105(7), Florida Statutes (2004), allowing for reciprocal recovery of attorney’s fees pursuant to a contractual prevailing party provision; and (3) section 57.041(1), Florida Statutes (2004), allowing a prevailing party to recover its costs....

...es pursuant to a contractual prevailing party provision. However, Continental argued that it was not bound by the prevailing party provision because it was not an intended third-party beneficiary of the contract. Regarding the seller’s reliance on section 57.041(1), neither of the brokers opposed that claim....

...t Specialists because Specialists did not oppose that claim and against Continental because Continental was an intended third-party beneficiary of the brokerage commission contract; and (4) it should recover its costs against the brokers pursuant to section 57.041(1) because the brokers did not oppose that claim....

...ing an inconsistent position in a later proceeding in which the same parties and questions are involved). *356 Section 57.04.1(1) We find that the circuit court erred by denying the seller’s motion for taxable costs against the brokers pursuant to section 57.041(1). That statute 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....” Under section 57.041(1), a judge has no discretion to deny recovery of costs to the prevailing party....

...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....

...this issue, we reverse and remand for a new trial. Having reversed the underlying judgment, we also reverse the trial court’s award of costs to the Estate since the statutory basis for the award of costs is dependent on the judgment obtained. See § 57.041(1), Fla....

...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....

...of damages, the finding that appellee breached the contract made appellant the prevailing party on the litigation’s significant issues. Green Cos., Inc. v. Kendall Racquetball Inv., Ltd., 658 So.2d 1119, 1121 (Fla. 3d DCA 1995). Court costs under section 57.041, Florida Statutes, are also “governed by the ‘prevailing party’ standard.” Wyatt v....

...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....

...Like the offerees in Andrews, 66 So.3d at 380 , Culpepper “miscalculated the value of [its] claims in rejecting the proposal ] for settlement and must now pay the [Wolfes’] attorney’s fees and costs.” B. Recovering Costs From The Losing Party Pursuant to Section 57.041 Culpepper contends that the trial court should have awarded it attorney’s fees and costs pursuant to either section 713.29, Florida Statutes (2006) (construction liens and fees statute), 2 its demands for judgment, or section 57.041(1), Florida Statutes (2006). We find merit only in the argument that the trial court erred in denying Culpepper costs pursuant to section 57.041. 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. ...” *1136 In 2004, this court construed and applied section 57.041(1) in Spring Lake, 868 So.2d 656 , which the Wolfes rely upon to argue that the trial court did not err in denying Culpepper its fees and costs....

...Instead, we rely upon the plain language of the statute and the decision in Hendry Tractor Co. v. Fernandez, 432 So.2d 1315 (Fla.1983), to guide our conclusion that Culpepper is entitled to an award of its costs in this litigation. In Hendry Tractor, the supreme court reviewed the operation of section 57.041(1), Florida Statutes (1979), which then, as now, provided that the party “recovering judgment” recover all legal costs and charges....

...In guiding the lower courts in the application of the statute, the court stated “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.” Id....

...1933 , 76 L.Ed.2d 40 (1983): “We agree that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorney’s fees.” Id. at 810. The opinion in Moritz addressed neither section 57.041(1) nor costs....

...Sourini Painting discussed Moritz only in the context of the question of who was the prevailing party, an issue hotly contested in the litigation *1137 there but not decided in the opinion because a new trial was ordered. Id. at 99. Finding no authority to counter the plain language of section 57.041(1) and the supreme court’s decision in Hendry Tractor, we recede from our earlier holding in Spring Lake that determined that the prevailing party was entitled to costs under section 57.041(1) and follow instead Hen-dry Tractor....

...1st DCA 2007). Cul-pepper is the party who recovered judgment and is thus entitled to an award of its costs. III. Conclusion The trial court erred in denying an award of fees to the Wolfes under their offer of judgment and an award of costs to Culpepper under section 57.041....

...The trial court had concluded, in denying costs to both the Wolfes and Culpepper that, based on each of them being awarded something, that neither was the "prevailing party.” We do not disturb that finding but, as we will explain, Culpepper was entitled to its costs pursuant to section 57.041. . There is a minor, nonrelevant difference between section 57.041 in the 1979 and 2006 versions....

...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....

...The jury also found that Marotta had sustained a permanent injury and awarded $40,000 and $170,000 in past and future noneconomic damages, respectively. Allstate moved to limit the final judgment to the policy limits, and Marotta moved to tax costs under section 57.041, Florida Statutes (2010)....

...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....

...attorney prosecuting the suit.” See § 627.428(1), Fla. Stat. (2010). 1 Reversed and remanded. DAMOORGIAN, J., and MARX, KRISTA, Associate Judge, concur. . We also remand for the circuit court to determine whether the insureds are entitled to recover their costs from FIGA pursuant to section 57.041(1), Florida Statutes (2010) ("The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment....")....

...equest in its "Order on Plaintiffs' Motion for Entitlement to Attorney's Fees.” Because the insureds’ request for costs is not properly before us, we decline to determine whether the insureds are precluded from recovering their costs pursuant to section 57.041 without a judgment, see Cheetham v. Brickman, 861 So.2d 82, 83 (Fla. 3d DCA 2003) ("[0]nly a prevailing party who recovers a judgment is entitled to recover costs under section 57.041.”), or whether the insureds are entitled to recover their costs pursuant to section 57.041 without a judgment just as they are entitled to recover their attorney’s fees pursuant to section 627.428(1) without a judgment....

...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....

...We reject the first of these arguments, but agree that this court’s subsequent reversal of the underlying multimillion dollar judgment in favor of Firstate requires reversal of the costs judgment and remand to the trial court for reconsideration on the matter of the prevailing party. See § 57.041(1), Fla....

...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....

...the partnership without further comment. However, we reverse and remand the trial court’s denial of costs to the partnership and award of costs to the association because the trial court incorrectly applied the prevailing party standard instead of section 57.041, Florida Statutes (2012), which awards costs to the party that recovers a judgment....

...2d DCA 2004), the trial court awarded costs to the association and denied the partnership’s motion for costs because it found that the association had prevailed on the significant issues in the litigation. In Spring Lake, this court held that a party seeking costs under section 57.041(1) is required to meet the standard of a prevailing party....

...Culpepper Constructors, Inc., 104 So.3d 1132 (Fla. 2d DCA 2012) (en banc). In Wolfe, this court explained that the “statute expressly demands that the party recovering judgment be awarded costs” and rejected the prevailing party standard as applicable to an award of costs pursuant to section 57.041(1)....

...104 So.2d at 1136 (emphasis omitted) (quoting Hendry Tractor Co. v. Fernandez, 432 So.2d 1315, 1316 (Fla.1983)). Although the partnership did not receive the full amount that it sought in damages, it did recover a judgment. Therefore, it is entitled to costs under section 57.041....

...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....

...The trial court ultimately entered summary final judgment in favor of appellees and that decision was affirmed by this court. See Winter Park Imports, Inc. v. JM Family Enters., Inc., 24 So.3d 633 (Fla. 5th DCA 2009). In June 2010, appellees filed a motion seeking costs in the amount of $387,436.90, pursuant to section 57.041, Florida Statutes, as well as interest that accrued on said amount subsequent to entry of the final judgment....

...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....

...And while the agreement contains a provision authorizing the award of attorney’s fees as sanctions, this provision is analogous to the statutory provision in section 57.105, Florida Statutes (2011), which would authorize fees at trial. Further, in civil litigation, the prevailing party may recover legal costs. See § 57.041, Fla....

...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....

...excessive for an abuse of discretion; however, whether a cost requested may be awarded, at all, is a question of law to be reviewed de novo.” Winn– Dixie Stores, Inc. v. Reddick, 954 So. 2d 723, 730 (Fla. 1st DCA 2007) (internal citation omitted). Section 57.041(1), Florida Statutes (2016), provides that “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” (Emphasis added)....

...See Hendry Tractor Co., 432 So. 2d at 1316 (holding 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”); see also Wanda Dipaola Stephen Rinko Gen....

...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....

...Order on costs The trial court concluded that Pelham was not entitled to costs, even though a final judgment was entered awarding her partial damages. Pelham correctly argues, and Walker concedes, that because Pelham recovered judgment, she was entitled to an award of costs. See § 57.041(1), Fla....

...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....

...nded, and the appropriateness of reduction or enhancement factors.”). Therefore, we reverse and remand to allow the trial court to make specific findings in support of its determination as to the reasonable number of hours expended. The Cost Award Section 57.041, Fla....

...osts to the prevailing party in a civil action. Fla. State Univ., Bd. of Trs. v. Monk, 112 So.3d 173, 173-74 (Fla. 1st DCA 2013) (“[T]he trial court did not have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041, Florida Statutes (2009)”); Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So.3d 348, 356 (Fla. 4th DCA 2011) (“Under section 57.041(1), a judge has no discretion to deny recovery of costs to the prevailing party.”); Granoff v....

...ent.’ ”) (citation omitted). Here, the trial court attempted to exercise discretion in reducing the number of hours Wilkerson could claim for investigative services, which consequently reduced his total cost recovery. Under the plain language of section 57.041 and interpreting case law, however, a trial court lacks the discretion to deny recovery of “all” of the prevailing party’s “legal costs and charges.” Accordingly, we reverse and remand for the trial court to award the full amount of the investigative costs Wilkerson incurred in connection with this case....

...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....

...insured. Accordingly, we affirm the trial court’s judgment in this regard. The appellant further contends that there was no statutory basis upon which the court could have assessed the court costs against FIGA. Their position is that, pursuant to section 57.041, Florida Statutes (1991), costs are recovered against the “losing party.” See Johnson v....

... 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....

...We affirm, without discussion, the trial court’s award of attorney’s fees to the City. However, we find merit to the City’s cross-appeal. Because the City was theprevail-ing party on Appellants’ inverse condemnation claims, we conclude that it was entitled to recover costs pursuant to section 57.041, Florida Statutes (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)....

...ubsequently rendered setting the amount of the costs award. The orders under review are based on the trial court’s earlier ruling granting Toyota’s motion to dismiss on the basis of forum non conveniens and its later finding that, pursuant to section 57.041, Florida Statutes (2016), and Florida Rule of Civil Procedure 1.525, Toyota was entitled to its costs as the “prevailing party.” Because we conclude that a dismissal on the ground of forum non conveniens is not a judgment or rul...

...at all, is a question of law to be reviewed de novo.”) (citation omitted). 2  ANALYSIS The trial court awarded Toyota its costs as the prevailing party under section 57.041....

...We conclude that this was error for several reasons. First, there is existing authority that calls into question whether the “prevailing party” standard is even applicable when assessing whether a party is entitled to an award of costs under section 57.041....

...2d DCA 2012) (en banc) (receding from its earlier decision in Spring Lake Improvement Dist. v. Tyrrell, 868 So. 2d 656 (Fla. 2d DCA 2004), and holding that the “prevailing party” standard is inapplicable to a determination of whether a party is entitled to an award of costs under section 57.041); Bessey v....

...1st DCA 2007) (holding that ‘“prevailing party’ is not the statutory standard for costs awards”) (footnote omitted); but see Granoff v. Seidle, 915 So. 2d 674 (Fla. 5th DCA 2005) (applying the “prevailing party” standard to a determination under section 57.041). Second, regardless of whether or not the “prevailing party” standard may be applied under section 57.041, it was error to award Toyota its costs under section 57.041 because no judgment has been entered, and Toyota is not a “prevailing party” merely because the litigation will take place in a different forum. A. Section 57.041 Section 57.041 provides in relevant part as follows: 3  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. Here, the plaintiffs have not obtained a “judgment” within the meaning of section 57.041; the case has simply been transferred to another forum....

...2002), this Court held that a voluntary dismissal is not an adjudication on the merits and therefore, does not constitute a judgment or its functional equivalent. See also Guarantee Ins. Co. v. Worker’s Temp. Staffing, Inc., 61 So. 3d 1233 (Fla. 5th DCA 2011) (same). In conclusion, section 57.041 is clear and unambiguous....

...he or she is required to take any action to enforce the contract, the court may also allow reasonable attorney’s fees to the other party when that party prevails in any action, whether as plaintiff or defendant, with respect to the contract.”); § 57.041(1), Fla....

...We also conclude that the tenant and the tenant’s president were the prevailing parties on the landlord’s conversion claim. See Moritz, 604 So.2d at 810 . As the prevailing parties on that claim, the tenant and the tenant’s president are entitled to recover their costs incurred in defending against that claim. See § 57.041(1), Fla. Stat. (2012); Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So.3d 348, 356 (Fla. 4th DCA 2011) (“Under section 57.041(1), a judge has no discretion to deny recovery of costs to the prevailing party.”)....

...y the 2000 and 2001 taxes as required by section 194.171(5), Florida Statutes (2002). See Bystrom v. Diaz, 514 So.2d 1072 (1987). The appraiser then filed a motion to tax costs in his favor as the “party recovering judgment” 1 under section *592 57.041(1), Florida Statutes (2002) (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment....”)....

...We note that, in certain contexts, there may or may not, see Spring Lake Improvement District v. Tyrrell, 868 So.2d 656 (Fla. 2d DCA 2004), be a distinction between the objectively *592 determinable expression, "party recovering judgment,” under section 57.041, Florida Statutes (2002), and the much more legally slippery term, "prevailing party,” which is employed in many attorney's fees and costs provisions....

...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....

...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....

...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)....

...Under these circumstances, the “significant issues” analysis outlined in Moritz does not apply, and, consistent with Lochrane, Olson is entitled to an award of reasonable attorney’s fees incurred regarding these counts.1 Turning to the court costs, section 57.041(1), Florida Statutes (2011), provides, in pertinent part, that “[t]he party recovering judgment shall recover all his or her legal costs.” We have held that the trial court should apply a “significant issues of the entire case�...

...As to the cross appeal, we find no merit in JLM’s claim for attorney’s fees under section 57.105(7), Florida Statutes (2012). However, we reverse and remand for further proceedings on JLM’s claim for attorney’s fees pursuant to section 542.335(l)(k), Florida Statutes (2012), and for costs under section 57.041, Florida Statutes (2012)....

...See In re Guardianship of Sitter, 779 So.2d 346, 348 (Fla. 2d DCA 2000) (recognizing that an appellate court may require findings even in the absence of a statutory directive for such findings when necessary to allow for intelligent review). Unlike section 542.335(l)(k), section 57.041 is mandatory....

...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)....

...Florida Rule of Civil Procedure 1.420 provides in relevant part, “Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action, once the action is concluded as to the party seeking taxation of costs.” Fla. R. Civ. P. 1.420(d); see also § 57.041(1), Fla....

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

...as to the issue of costs. The costs of the partition sale itself have been reimbursed from the proceeds of the sale. However, Valerie seeks an award against Myron K. Sherman, the appellee and defendant below, for the other costs of suit, pursuant to section 57.041(1), Florida Statutes (2018). Because the trial court incorrectly applied a “prevailing party” standard to costs awarded under section 57.041(1), when the correct standard is the “party recovering judgment,” we reverse and remand for further proceedings. We consider this case en banc, to recede from conflicting language regarding the appropriate standard for awards of costs pursuant to section 57.041(1) in our prior opinions.  Background Prior to her death, Ruth Frances Sherman created an irrevocable trust for the residence she lived in with her son, Myron....

...party shall bear their own costs. Valerie asserted that nothing was presented at trial to support the trial court’s ruling that each party should bear their own costs, and as the prevailing party, she was statutorily entitled to costs pursuant to section 57.041(1). At the hearing on the motion to amend the final judgment, Valerie’s counsel clarified that section 57.041(1) dictates that costs be awarded to the party recovering judgment, as opposed to the prevailing party, and explained that the final judgment granted Valerie’s causes of action and granted nothing on Myron’s affirmative defenses an...

...that there was no prevailing party, since the net effect of the judgment was to grant partition. Valerie argues the trial court should have applied the proper standard, the “party recovering judgment” standard, which would have entitled her to an award of costs under section 57.041(1). Section 57.041(1) provides in pertinent part: (1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment . . . . § 57.041(1), Fla....

...In Hendry Tractor, the supreme court clarified that “a plaintiff in a multicount personal injury action who recovers [a] 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.” Id....

...cause the fact patterns of the injuries were different. Id. at 441. Joinder was proper 4 because some of the defendants were common to both injuries. Id. Notably, the court wrote: Although section 57.041 provides for costs to “the party recovering judgment” and section 768.56 [addressing fees and costs in medical malpractice actions] provides for “prevailing party” attorney fees, we concede that the same principles should be applied under each provision. Id....

...where she had recovered a money judgment in the suit. Id. at 1144. In coming to the conclusion that the plaintiff was entitled to “all of her court costs” and that the trial court erred in holding that the plaintiff must pay the city its court costs, we analyzed section 57.041(1), and applied the supreme court’s instruction that: “The statute expressly demands that the party recovering judgment be awarded costs....

...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”). Id. (emphasis added). Despite our emphasis on the language of section 57.041(1) in Basso as setting the “party recovering judgment” standard, it appears we have also subsequently characterized the standard with reference to the “prevailing party.” Specifically, after Basso, we issued our opinion in Coconut Key Homeowner’s Ass’n v. Gonzalez, 246 So. 3d 428, 434 (Fla. 4th DCA 2018), in which we said: Court costs under section 57.041, Florida Statutes (2008), are also “[]governed by the ‘prevailing party’ standard ....

...which quoted the Second District’s Spring Lake decision for the proposition that costs are governed by the prevailing party standard. Notably, the Second District has receded from Spring Lake in an en banc opinion wherein it determined that the plain language of section 57.041(1) and the supreme court’s opinion in Hendry Tractor indicate that the proper standard for determining entitlement to costs is to the “party recovering judgment,” and the standard for costs is not to be confused with the “prevailing party” standard for attorney’s fees....

...“party recovering judgment” standard does not apply where claims sound in equity, due to the equity court’s traditional discretion to apportion costs, it is relevant to point out that Valerie in this case specifically sought costs pursuant to section 57.041(1). As the Second District recently reasoned in Hawks, there does not appear to be authority suggesting that section 57.041(1) should apply differently to equitable claims. See Hawks, 251 So. 3d at 324 (“[W]e have been unable to locate, any authority from this court suggesting that section 57.041(1) or the holding in Wolfe should apply differently to equitable claims.”). Significantly, the language in section 57.041(1) carves out only the following exception to the entitlement to costs: (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. § 57.041(1), Fla....

...(emphasis added). The action below does not involve 7 executors or administrators, thus the exception does not apply. Based on the foregoing, although equity courts generally have the discretion to apportion costs, section 57.041(1) mandates costs to Valerie as the party recovering judgment in this action....

...motion to amend or alter the final judgment as to the provision for costs. We recede from the language of any of our prior opinions in which it appears that we have construed the “prevailing party” standard to apply to costs awarded pursuant to section 57.041(1). Under section 57.041(1), costs should be awarded to the “party recovering judgment.” Reversed and remanded. LEVINE, C.J., MAY, DAMOORGIAN, CIKLIN, GERBER, CONNER, FORST, KLINGENSMITH, and KUNTZ, JJ., concur. CONNER, J., concurs specially with an o...

...WARNER, J., concurs in part and dissents in part with an opinion, in which GROSS and TAYLOR, JJ. concur. CONNER, J., concurring specially. I concur with the majority opinion and its analysis regarding the correct standard to be applied to an award of fees pursuant to section 57.041(1), Florida Statutes (2018)....

...3d DCA 1994) (awarding attorney’s fees for a separate probate proceeding as an award in the partition action because the prior probate proceeding was of benefit to the partition action). Because section 64.081 applies specifically to partition actions, that was the appropriate statute for the trial court to apply, not section 57.041(1)....

...2006) (noting the “long-recognized principle of statutory construction that where two statutory provisions are in conflict, the specific statute controls over the general statute”) (quoting State v. J.M., 824 So. 2d 105, 112 (Fla. 2002)). However, because section 57.041(1) was the only statute argued below and on appeal, I concur with the majority opinion. WARNER, J., concurring in part and dissenting in part. While I agree with the construction that the majority opinion places on the language used in section 57.041, Florida Statutes (2018), I concur in the result on different grounds....

...g to the circumstances.” Schwartz v. Zaconick, 74 So. 2d 108 (Fla. 1954) (emphasis added). This rule has been in effect for over 150 years, as it appears to be first announced in Lewis v. Yale, 4 Fla. 441 (1852). Likewise, the statute in question, section 57.041, has been in existence since 1828, with basically the same language....

...ourt recedes from the express holding. Therefore, I conclude that, having failed to recede from its express holding that trial courts have discretion in the allocation of costs in equity cases, the trial court did not err by refusing to apply section 57.041 without regard to equitable circumstances. In Hawks v. Libit, 251 So. 3d 321, 324 (Fla. 2d DCA 2018), the Second District noted that the court was “unable to locate, any authority from this court suggesting that section 57.041(1) or the holding in Wolfe [v....

...Defendants made an offer of judgment which was not accepted by plaintiffs. After a jury trial, plaintiffs recovered a judgment which was lower than defendants’ offer of judgment. Final judgment was entered August 14, 1989. Plaintiffs moved to tax costs as the prevailing party under section 57.041, Florida Statutes (1989)....

...We note that appellant has neither sought ejectment of the lessees nor attempted to gain possession of the property. We have carefully reviewed appellant’s other two points on appeal and find them to be without merit. See, e. g., Huffman v. Peek, 102 So.2d 641 (Fla.2d DCA 1958); and § 57.041 Fla.Stats....

...5th DCA 1985); Ferber v. Orange Blossom Center, Inc., 388 So.2d 1074 (Fla. 5th DCA 1980). On cross-appeal, appellees Schill and Snyder correctly state that the trial court erred when it failed to consider their costs as the “party recovering judgment” pursuant to section 57.041(1), Florida Statutes (1987)....

..."section 57.105(1) does not provide for the award of costs"); Siegel v. Rowe, 71 So. 3d 205, 210 n.2, 214 (Fla. 2d DCA 2011) (reversing cost award under section 57.105(1) against attorneys as unauthorized but affirming it against the party under section 57.041(1)); Jackmore v....

...However, the discussion of the award under section 57.105(1) does not mention the costs or expert witness fees, and the party recovering the fees and costs was also the prevailing party in the appeal and so would have been entitled to an award of costs under section 57.041(1)....

...section 57.105(1)." The trial court also awarded Tetra Pak its expert witness fees, but the basis for this award is not identified in the opinion. As in Wells, Tetra Pak was the prevailing party and would have been entitled to an award of costs under section 57.041(1)....

...aring, the Alexanders urge this court to affirm the award of expert witness fees for Bushnell by applying the tipsy coachman doctrine to find that they were the prevailing parties in the proceedings below and thus entitled to an award of costs under section 57.041(1). However, the Alexanders never sought an award of costs in the trial court under section 57.041(1), and the trial court made no factual finding that the Alexanders were the prevailing parties in these proceedings. Hence, the tipsy coachman doctrine is unavailable in this instance to affirm the award of expert witness fees....

...y. John C. Cooper, Judge. October 2, 2024 PER CURIAM. The Florida Department of Health appeals the trial court’s final judgment, arguing that the court erred by awarding costs to Kenneth Woliner, M.D., pursuant to section 57.041, Florida Statutes, in his action to enforce Florida’s Public Records Act. Because we agree with the Department that section 57.041 is inapplicable, we reverse as to the trial court’s award of costs....

...records that were responsive to Woliner’s public records requests. The trial court further found that Woliner was not entitled to an award of costs pursuant to section 119.12 because he did not satisfy the statutory notice requirement. However, the court found section 57.041, Florida Statutes, to be also applicable, and it awarded costs pursuant to that provision in the amount of $5,546.32, which consisted of $5,366.32 in reasonable costs of enforcement and $280 in attorney’s fees....

...warded. Cornfeld v. Plaza of the Americas Club, Inc., 306 So. 3d 1136, 1139 (Fla. 3d DCA 2020); see also Winn-Dixie Stores, Inc. v. Reddick, 954 So. 2d 723, 731 (Fla. 1st DCA 2007). The purely legal question we must resolve on this appeal is whether section 57.041, Florida Statutes, applies in an action to enforce the provisions of chapter 119, Florida Statutes, the Public Records Act. We conclude that it does not. Section 57.041, Florida Statutes (2019), states that “[t]he 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 ac...

...other statutory provision.” Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273, 1287 (Fla. 2000); see also Twin Oaks Villas, Ltd. v. Joel D. Smith, L.L.C., 79 So. 3d 67, 70 (Fla. 1st DCA 2011). It has been consistently recognized that 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.” Caribbean Condo....

...City of Flagler Beach, 178 So. 3d 426, 427 (Fla. 5th DCA 2015); see also Fla. Dep’t of Agric. & Consumer Servs. v. Cox, 54 So. 3d 1026, 1026–27 (Fla. 4th DCA 2011) (stating the same and finding that the statutes relating to condemnation proceedings, not section 57.041, governed the condemnation proceeding); Ruffa v. Saftpay, Inc., 163 So. 3d 711, 3 715 (Fla. 3d DCA 2015) (explaining that section 57.041 did not apply because the unpaid wages action was governed by the more specific statute of section 448.08, Florida Statutes, which made an award of costs and fees discretionary); First Protective Ins. Co. v. Featherston, 978 So. 2d 881, 884 (Fla. 2d DCA 2008) (“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....

...mount’ 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.”). More recently, the Third District held in Cornfeld that entitlement to an award of costs in the shareholder derivative action was controlled not by section 57.041, but by the more specific provisions of section 617.07401(5), Florida Statutes, that address with particularity the award of costs in such actions and require that certain conditions be met before the party can be entitled to an award of costs. 306 So. 3d at 1137–40. The court noted that “[w]ere the law otherwise, a prevailing defendant in a shareholder derivative action could seek an award of costs under the less demanding provisions of Rule 1.420 and section 57.041, evading the more stringent requirements of section 617.07401(5) and rendering that statutory provision meaningless.” Id. at 1140. Sections 119.12 and 57.041 both address entitlement to costs, but they impose different requirements....

...Section 119.12 authorizes an award of “the reasonable costs of enforcement, including reasonable attorney fees,” that are “directly attributable to a civil action brought to enforce the provisions of” chapter 119. See § 119.12(1), (4), Fla. Stat. Section 57.041, on the other hand, authorizes an award of “legal costs and charges” in civil actions generally, and those costs do not include attorney’s fees. See Price v. Tyler, 890 So. 2d 246, 252 (Fla. 2004). Section 119.12 authorizes an award of costs against the responsible agency, i.e., the losing 4 defendant, whereas section 57.041 authorizes costs against the losing party. Most pertinent to this case, unlike section 57.041, section 119.12 imposes conditions that must be met before a court can award costs, one of which is that the complainant must have provided “written notice identifying the public record request to the agency’s custodian of public r...

...the more specific statute, addressing with particularity the award of costs in cases such as this brought to enforce the Public Records Act, we hold that it controls the complainant’s entitlement to an award of costs and that the general provision of section 57.041 is inapplicable....

...Before EMAS, GORDO and BOKOR, JJ. GORDO, J.  In these appeals, Alvarez, Feltman & Da Silva, P.L. n/k/a Alvarez, Feltman, Da Silva & Costa P.L. (“AFDC”) appeals the omnibus orders entering final judgments and awarding prevailing party costs pursuant to section 57.041, Florida Statutes, and Florida Rule of Civil Procedure 1.420(d) in favor of Shell of Summerland, Inc....

...Upon review of the briefs and appellate record we are of the opinion that the appellant having been the prevailing party and the party recovering judgment was entitled to the taxing of costs in his favor. Jordan v. Reynolds, 154 So.2d 200 (Fla.3d DCA 1963); Blynn v. Hirsch, 136 So.2d 666 (Fla.3d DCA 1962); F.S. § 57.041....

...In this appeal, Heid argues that the trial court misconstrued this court's prior holding in Miller v. Florida Insurance Guaranty Ass'n, 200 So. 3d 200 (Fla. 2d DCA 2016), which she claims supports her entitlement to fees. She also claims that she is entitled to costs pursuant to section 57.041, Florida Statutes (2012), because FIGA's ultimate concession that her claim is covered constitutes a confession of judgment....

...FIGA and Heid resolved all issues except Heid's claim for attorney's fees and costs. Heid moved for attorney's fees and costs, arguing that she is entitled to fees under sections 631.70 and 627.428, Florida Statutes (2012), and that she is entitled to costs under section 57.041 and the confession-of-judgment doctrine....

...It would be inconsistent with the legislative directives for this court to hold that FIGA is impervious to attorney’s fees claims after it has denied a covered claim and has forced an insured to litigate the enforcement of his or her policy. Last, Heid moved for costs under section 57.041, but the trial court denied costs without specifically addressing this claim, instead lumping Heid's claim for costs in with her claim for attorney's fees under section 631.70. However, costs are not mentioned in sections 631.70 or 627.428. Section 57.041 provides in relevant part that "[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment." Even though Heid did not obtain a judgment against FIGA, FIGA ultimately admitted coverage and paid Heid's claim....

...3d 304, 305 (Fla. 4th DCA 2011) (on motion for rehearing) (applying the confession-of-judgment doctrine to claim for attorney's fees in FIGA case). We see no reason why the confession-of-judgment doctrine should not also apply in the context of costs under section 57.041(1).2 2In Rahabi v....

...Florida Insurance Guaranty Ass'n, 71 So. 3d 241, 244 n.1 (Fla. 4th DCA 2011), the court held that the insured was entitled to attorney's fees under section 631.70 but remanded for the trial court to consider whether the insured was entitled to recover costs from FIGA under section 57.041(1) and the confession-of- judgment doctrine. -7-  Accordingly, we reverse the trial court's order denying attorney's fees and costs and remand for further proceedings consist...

...We note that parties in both state and federal courts are required to bear their own court costs absent an order from the court to the contrary. See Fed.R.Civ.P. 54(c) (costs to be taxed in favor of prevailing party by the clerk subject to review by court); Fla.Stat. Ann. § 57.041(2) (West 1969) (“Costs may be collected by execution on the judgment or order assessing costs.”)....

...We find no abuse of discretion in the trial judge’s order striking appellant’s pleadings and entering judgment in favor of appellees. We reverse the orders on the cross-appeal. As the parties “recovering judgment,” appellees were entitled to costs pursuant to section 57.041(1), Florida Statutes (2001)....

...Lanson, individually and as the Personal Representative of the Estate of Norman Lanson, and Baron's Stores, Inc. (collectively, the “Appellants”), appeal from the February 26, 2018 final judgment awarding section 57.105 attorney’s fees and section 57.041 costs in favor of Justus W....

...that appellant was legally classified as administratively exempt under the FLSA. After the verdict, appellant filed motions to impose liquidated damages and for attorney’s fees, both pursuant to the FLSA. He also moved to tax costs pursuant to section 57.041, Florida Statutes (2021). After a non-evidentiary hearing on the motions, the trial court denied appellant’s motion for liquidated damages, finding “[Appellees] acted in good faith predicated upon reasonable grounds” and citing Joiner v....

...From these rulings, appellant has taken this appeal. Costs Appellant contends the court erred in reducing his costs on the ground that he was not the prevailing party on all counts of his complaint. He claims that pursuant to section 57.041, Florida Statutes (2021), he was 2 entitled to all of his costs, because he obtained a judgment against appellees....

...Following the decision of this court reported as Association Financial Services, Inc. v. Lewis, 519 So.2d 26 (Fla. 5th DCA 1987), rev. denied, 529 So.2d 693 , 694 (1988), the trial court entered an order in favor of the three plaintiffs, Lewis, Jacob *591 son and Hewitt, awarding a single sum for costs (§ 57.041, Fla.Stat.), and a single sum for attorney’s fees....

...The award of attorney’s fees was therefore error and is reversed. Likewise our prior opinion in this case, as amended on motion for rehearing, reversed a judgment in favor of Lewis and Jacobson; therefore, they were not the prevailing parties and were not entitled to an award of costs under section 57.041, Florida Statutes....

...attorney’s fees and costs, following its recovery of summary judgment below. KidsEmbrace raises two arguments on appeal, contending that it was entitled to: (1) attorney’s fees and costs where its proposal for settlement was not accepted, and (2) taxable costs pursuant to section 57.041(1), Florida Statutes (2020)....

...Following the voluntary dismissal of the final remaining count and the subsequent entry of final judgment in its favor, KidsEmbrace moved for attorney’s fees and costs pursuant to its proposal for settlement under section 768.79, Florida Statutes (2020), and for costs pursuant to section 57.041, Florida Statutes (2020), as the party recovering judgment. In opposing KidsEmbrace’s motion for attorney’s fees, IDG argued that the trial court’s order granting summary judgment on four of five counts in KidsEmbrace’s fav...

...rder but chose not to, entitling KidsEmbrace to attorney’s fees and costs pursuant to the rejected proposal for settlement. In short, KidsEmbrace contended that IDG had the full thirty-day period to accept the proposal. As to costs pursuant to section 57.041, IDG conceded that KidsEmbrace, as the prevailing party, was entitled to such with respect to the four counts but challenged KidsEmbrace’s entitlement to prevailing party costs beyond the uniform guidelines. The matter proceeded...

... Appellate Analysis KidsEmbrace seeks reversal of the denial of its motion for attorney’s fees and costs, arguing it was entitled to: (1) attorney’s fees and costs where its proposal for settlement was not accepted; and (2) taxable costs pursuant to section 57.041(1), as the prevailing party....

...d affected the ability of the recipient to accept the proposal.” 4  We therefore reverse the trial court’s denial of KidsEmbrace’s motion for attorney’s fees and costs. Taxable Costs Pursuant to Section 57.041(1), Florida Statutes KidsEmbrace also seeks reversal of the trial court’s decision denying its entitlement to taxable costs pursuant section 57.041(1), as the party recovering judgment. “An appellate court reviews whether a trial court’s award of costs is excessive for an abuse of discretion; however, whether a cost requested may be awarded, at all, is a question of law to be reviewed de novo.” City of Boca Raton v. Basso, 242 So. 3d 1141, 1144 (Fla. 4th DCA 2018) (quoting Winn–Dixie Stores, Inc. v. Reddick, 954 So. 2d 723, 730 (Fla. 1st DCA 2007)). Under section 57.041(1), “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” § 57.041(1), Fla....

...This unambiguous language need not be construed.” Basso, 242 So. 3d at 1144 (quoting Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315, 1316 (Fla. 1983)). Where KidsEmbrace was the party recovering judgment in this action, it is entitled to costs pursuant to section 57.041(1)....

...judgment and instead granting Martin's. As such, we must reverse the final judgment and remand for entry of summary judgment in Consul's favor.3 Because we reverse the final judgment, we must also reverse the final judgment awarding costs pursuant to section 57.041, Florida Statutes (2017). Reversed and remanded. ROTHSTEIN-YOUAKIM and ATKINSON, JJ., Concur. 3We note that best practices would suggest that insurers like GEICO not wait until the last day of an of...

DAUKSCH, Judge. This is an appeal from a judgment denying relief based upon a complaint for wrongful discharge from employment and related claims. We affirm the judgment but reverse the order denying costs to appellee. § 57.041, Fla....

...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)....

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)....

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

...able to support an award of attorney fees under section 768.79. We thus affirm the trial court’s denial of an attorney fee award under section 768.79. As to costs, however, we reverse and remand for a determination of a costs award to Andersen as the prevailing party. Section 57.041, Florida Statutes (2020), states: “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” (emphasis added)....

...ey v. Difilippo, 951 So. 2d 992, 993 (Fla. 1st DCA 2007). As Anderson was the prevailing party, the trial court had no discretion to deny costs. 3  Brown contends that Andersen waived its right to costs under section 57.041 by not addressing taxation in its response to Brown’s opposition or at the hearing on Andersen’s motion for fees and costs....

...See P & R Smith Corp. v. Goyarrola, 864 So. 2d 584, 584 (Fla. 3d DCA 2004). Andersen was not required to deliver supplemental documentation regarding taxation of costs prior to either filing its entitlement motion or the entitlement hearing. Denying costs under section 57.041 in the absence of an evidentiary hearing regarding entitlement to those costs is error and must be reversed....

...Servs., Inc., 128 So. 3d 865, 866 (Fla. 1st DCA 2013). Accordingly, we affirm the trial court’s denial of attorney’s fees under section 768.79. However, we reverse and remand for an evidentiary hearing regarding Andersen’s entitlement to costs under section 57.041. Affirmed in part, reversed in part, and remanded. WARNER and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing....

...Gonzalez was indisputably a prevailing party on her injunctive claim in equity, regardless of her marginal victory on the breach count. Thus, prevailing party attorney fees should be awarded to Gonzalez in this dispute. See Khodam, 87 So. 3d at 66. Court costs under section 57.041, Florida Statutes (2008), are also “‘governed by the ‘prevailing party’ standard ....

...v. Newport Operating Corp., 55 So. 3d 567 (Fla. 2010). A trial court has no discretion to deny costs under this statute—the prevailing party must be awarded their costs. See Oriental Imps., Inc. v. Alilin, 559 So. 2d 442, 443 (Fla. 5th DCA 1990) (holding that under section 57.041, a judge does not have discretion to deny recovery of costs to a prevailing party)....

...Accordingly, we reverse the final judgment insofar as it awards attorney’s fees and insofar as it awards costs against Ms. Oglesby-Dorminey. We remand with directions that the trial court enter judgment in favor of Ms. Oglesby-Dorminey and against Gemini, together with costs, pursuant to section 57.041(1)....

...Without regard to section 768.79, Florida Statutes (1999), or Florida Rule of Civil Procedure 1.442 (2000), Gemini was entitled to recover costs incurred defending Ms. Crawford’s claim because Ms. Crawford took nothing and judgment was entered in favor of Gemini on that claim. See § 57.041(1), Fla....

PER CURIAM. This ease involves the very narrow issue of whether Section 57.041, Florida Statutes (1993) requires the trial court to assess costs in child dependency cases. Contrary to the conclusion reached by the trial court regard *949 ing this question, we find that it does not 1 . Accordingly, the cost judgment entered by the trial court herein is reversed. . Holding that the provisions of Section 57.041, Florida Statutes (1993) are not mandatory in child support cases may raise the question as to whether the court has the discretion to use that section in these cases....

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....

...State Farm then sought its attorney’s fees and costs pursuant to the offer of judgment filed under section 768.79, Florida Statutes (1993). 1 The trial court denied State Farm’s motion. On appeal, the Second District determined that State Farm was entitled to recover its costs pursuant to section 57.041(1), Florida Statutes (1993), because it was the prevailing party....

...“The $1 offer of judgment [was] a statement by State Farm that it believes it has no liability and should not be a part of the litigation.” Id. Accordingly, the appellate court reversed the order denying State Farm its attorney’s fees under section 768.79 and its costs pursuant to section 57.041(1)....

...osts and attorney’s fees incurred from the date of the filing of the demand. If rejected, neither an offer nor demand is admissible in subsequent litigation, except for pursuing the penalties of this section. § 768.79(1), Fla. Stat. (1993). . Now section 57.041, Florida Statutes (2011), entitled "Costs; recovery from losing party” and stating: (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...

...or $0. The final judgment expressly reserved jurisdiction to tax costs, and both sides filed motions to tax costs. The trial court granted Butler’s motion to tax costs and stated $4,556.40 shall be taxed against Figliolia. We reverse. According to section 57.041(1) of the Florida Statutes (1997), “[t]he party recovering judgment shall recover all his or her legal....

...The court found, “The Johnsons, individually and as the owners and principals of the corporation, are, in reality, the prevailing parties in this multi-count suit arising out of a single set of circumstances ...” On appeal, the Steinmetzes argue that pursuant to section 57.041, 1 they were entitled to recover those costs....

...vailing party on each distinct claim is entitled to an award of his attorney’s fees). Accordingly, we reverse and remand for entry of judgment, including costs, in favor of the Steinmetzes. REVERSED and REMANDED. GRIFFIN and ANTOON, JJ., concur. . Section 57.041 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....”

...Section 658.44, upon which the proceedings below were based, makes no provision for the payment of costs although, as earlier noted, Section 658.44(5) does require that the Bank pay for the cost of the appraisal conducted by the Department. Moreover, Section 57.041(1), Florida Statutes (1983), 6 has no application to an administrative proceeding such as that involved in the instant case....

...percent a year unless the judgment or decree is rendered on a written contract or obligation providing for interest at a lesser rate, in which case the judgment or decree bears interest at the rate specified in such written contract or obligation. . Section 57.041(1) 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 fo...

...9.030(b)(1)(A). Finding no abuse of discretion in the trial court’s denial of attorney’s fees, we affirm that portion of the trial court’s order without further discussion. We reverse the portion of the trial court’s order denying costs pursuant to section 57.041, Florida Statutes. Progressive contends the trial court erred in denying its motion to tax costs pursuant to section 57.041. “[W]hether a cost requested may be awarded, at all, is a question of law to be reviewed de novo.” Sherman v. Sherman, 279 So. 3d 188, 190 (Fla. 4th DCA 2019) (quoting City of Boca Raton v. Basso, 242 So. 3d 1141, 1144 (Fla. 4th DCA 2018)). Section 57.041(1), 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.” § 57.041(1), Fla....

...was the party recovering judgment. According to the plain language of the statute, we find that costs 2 had to be awarded to Progressive. See 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. The award of these costs is not discretionary.”); Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020) (“Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.”); Weitzer Oak Park Est., Ltd. v. Petto, 573 So. 2d 990, 991 (Fla. 3d DCA 1991) (“Under section 57.041, Florida Statutes, 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.”); Digiacomo v. Kogan & Disalvo, P.A., 317 So. 3d 1163, 1164 (Fla. 4th DCA 2021) (“As summary judgment was ultimately entered in Defendants' favor below, they are entitled to costs under section 57.041 as a matter of law.”) (footnote omitted). Affirmed in part; reversed in part and remanded with directions to award taxable costs to Progressive. 3 

...PLLC, Hollywood, for appellee. PER CURIAM. Rhoda Mann appeals the circuit court’s order denying her motion for attorney’s fees and request to tax costs. We affirm the orders denying attorney’s fees but reverse the order as to Mann’s request to tax costs. Section 57.041(1), Florida Statutes (2022), states that “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment . . . .” And, “[w]here costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Tower Hill Signature Ins. Co....

PER CURIAM. Because Appellant did not recover a judgment in the case below, we reverse the award of costs. § 57.041, Fla....

...Louis Gordon and Faith Gordon, the parents, appeal a cost judgment entered against them in favor of the prevailing party (the guardian ad litem) in a child dependency termination of parental rights case. We affirm the cost judgment. This matter was before us previously on the issue of whether section 57.041, Florida Statutes (1993) requires the trial court to assess costs in such cases. Gordon v. Department of Health & Rehabilitative Servs., 637 So.2d 948 (Fla. 3d DCA 1994). In our prior opinion, we determined that the provisions of section 57.041, Florida Statutes (1993) are not mandatory (contrary to the trial court’s conclusion) and reversed that cost judgment. The trial court then promptly determined that section 57.041 authorized it to award costs in child dependency cases in the exercise of that court’s discretion (an issue we had not reached in our earlier decision). Exercising its presumed discretion, the trial court assessed costs against the' parents, in favor of the guardian ad litem. 1 The taxation of costs in juvenile proceedings at the discretion of the trial court pursuant to section 57.041 has been upheld by the Fifth District Court of Appeal....

...We suggest to the trial court that, in matters such as this, a method be devised to keep such information from being made public, yet provide the prevailing party with the ability to enforce the cost judgment. The trial court’s cost judgment entered pursuant to section 57.041, in that court’s discretion, against the parents and in favor of the guardian ad litem in this child dependency termination of parental rights case is affirmed....

...The question before us is whether, within the context of this section, “court costs” means “taxable costs” or “all costs” incurred on behalf of the employee. We hold that the former definition applies. A prevailing party may generally recover only taxable costs. See § 57.041, Fla....

...We affirm the trial court’s denial of appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2009), finding no abuse of discretion. However, the trial court did not have discretion to deny the recovery of costs by *174 appellant, as the prevailing party, under section 57.041, Florida Statutes (2009)....

PER CURIAM. Appellant seeks review of the denial of his motion to tax costs pursuant to section 57.041, Florida Statutes (2009). We agree the trial court did not have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041....

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

...It appears that the trial court computed interest from the date demand was made by the filing of the lawsuit. The broker also contends that the judgment in his favor on the unpaid option purchase price should have included his litigation costs pursuant to section 57.041, Florida Statutes (1985)....

...# 27) and an Affidavit of David Gee in Support (Doc. # 28) on February 13, 2019. Also before the court is the Joint Stipulation For Order of Dismissal With Prejudice (Doc. # 29.) Plaintiff seeks costs and attorney fees pursuant to Fed. R. Civ. P. 54(d), Fla. Stat. § 57.041 , and Fla....

...4th DCA 2020); Sidlow v. Bowles Custom Pool & Spas, Inc., 32 So. 3d 722, 722 (Fla. 5th DCA 2010); Prosperi v. Code, Inc., 626 So. 2d 1360, 1363 (Fla. 1993). An award of costs, however, was required because appellants recovered judgment. See § 57.041(1), Fla. Stat. (2021) (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment . . . .”); Arellano v. Bisson, 761 So. 2d 365, 366 (Fla. 3d DCA 2000) (noting that, under section 57.041, Florida Statutes, entitlement to costs “is conditioned solely on recovering a judgment”); 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 2 entitled as a matter of right to recover lawful court costs and that a trial judge has no discretion under that statute...

PER CURIAM. Affirmed. See, Garwood v. Equitable Life Assurance Society of the United States, 299 So.2d 163 (Fla. 3d DCA 1974); New York Life Insurance v. 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

...f Civil Procedure 11. (Docket No. 82) STANDARD FOR COSTS AND ATTORNEYS’ FEES This Court will first address Nu-Cape’s motion for costs and attorneys’ fees. Nu-Cape contends that it is entitled to costs and attorneys’ fees pursuant to Sections 57.041 and 57.105, Florida Statutes (1995), and Federal Rule of Civil Procedure 54....

...DISCUSSION The specific text of the statutory provision is critical when determining whether a party has a right to costs and attorneys’ fees. Florida Medical Center, Inc. v. McCoy, 657 So.2d 1248, 1250 (Fla. 4th DCA 1995). Florida Statutes, Sections 57.041 and 57.105 limit recovery of costs and attorneys’ fees to the “prevailing party” or the “party recovering judgment.” Section 57.041 provides: (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....

...Attorneys’ fees are recoverable in this action pursuant to Florida Statute [sic] 57.105 if the Court finds there is a complete absence of a justifiable [sic] issue (Capital Factors, Inc. v. Heller Fin., Inc., S.D.Fla.1989, 712 F.Supp [sic] 908.) 11. Costs are recoverable under Florida Statute [sic] 57.041 and Federal Rules of Civil Procedure. (Docket No. 79) Nothing within Florida Statutes, Sections 57.041 and 57.105 allow Nu-Cape to recover or even request costs and attorneys’ fees....

...der amended Rule 11 is reasonableness under the circumstances, a standard more stringent than the original good-faith formula”). Nu-Cape argued in its motion that it should recover costs and attorneys’ fees pursuant to Florida Statutes, Sections 57.041 and 57.105, and Federal Rule of Civil Procedure 54....

...belief that the claims were sound.” Pelletier, 921 F.2d at 1514 n. 88 (citing Donaldson, 819 F.2d at 1556 ). In this case, Nu-Cape should have known there was no reasonable chance of success given the express language of Florida Statutes, Sections 57.041 and 57.105, and Federal Rule of Civil Proce *700 dure 54....

...See Tito v. Potashnick, 488 So.2d 100 (Fla. 4th DCA 1986), review denied, 494 So.2d 1152 (Fla.1986). On the second issue raised here, appellant contends that the trial court erred in denying appellant’s motion to tax costs as the prevailing party under section 57.041, Florida Statutes....

...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. *1226 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.... 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....

...(“Defendants”), the prevailing parties below, appeal the court’s denial of their request for: (1) attorney’s fees and costs pursuant to section 768.79, Florida Statutes; (2) attorney’s fees as a sanction pursuant to section 57.105, Florida Statutes; and (3) costs under section 57.041, Florida Statutes. We affirm the court’s denial of attorney’s fees and costs under sections 768.79 and 57.105 without further comment. We reverse, however, the court’s denial of costs under section 57.041. Section 57.041 provides that “[t]he party recovering judgment shall recover all his or her legal costs.” § 57.041(1), Fla. Stat. (2019). “Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020). As summary judgment was ultimately entered in Defendants’ favor below, they are entitled to costs under section 57.041 as a matter of law. 1 See id. at 1218 (holding that the defendant was entitled to costs under section 57.041 after summary judgment was entered in the defendant’s favor). Accordingly, we reverse and remand for the court to award Defendants costs under section 57.041, Florida Statutes. Affirmed in part, reversed in part, and remanded. KUNTZ and ARTAU, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 1 Appellee Kogan & DiSalvo, P.A., the plaintiff below, concedes that Defendants are technically entitled to costs under section 57.041, but argues that Defendants waived the issue on appeal. Specifically, appellee argues that Defendants did not reference the statute in the issue statement portion of their initial brief. We disagree. Although Defendants did not specifically reference section 57.041 in their issue statement, they sufficiently referenced the motion for costs and addressed the argument in the body of the initial brief....

...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....

...us thrust upon this court the task of an unaided examination of the record. We find that the record does not reflect a notice to the party to be charged. Further we find nothing in the record to support the court’s departure from the directions of § 57.041, Fla.Stat., F.S.A., or the rule stated in Burnett v....

...s and costs against John and. Mary Edmunds, the plaintiffs. We affirm that part of the order denying attorney’s fees under section 768.79(1), Florida Statutes (2011), without further discussion. We reverse the part of the order denying costs under section 57.041(1), Florida Statutes (2011), and remand this case to the trial court to consider the costs claimed by Putnam County....

..."section 57.105(1) does not provide for the award of costs"); Siegel v. Rowe, 71 So. 3d 205, 210 n.2, 214 (Fla. 2d DCA 2011) (reversing cost award under section 57.105(1) against attorneys as unauthorized but affirming it against the party under section 57.041(1)); Jackmore v....

...However, the discussion of the award under section 57.105(1) does not mention the costs or expert witness fees, and the party recovering the fees and costs was also the prevailing party in the appeal and so would have been entitled to an award of costs under section 57.041(1)....

...Pak its expert witness fees, but -7- the basis for this award is not identified in the opinion. As in Wells, Tetra Pak was the prevailing party and would have been entitled to an award of costs under section 57.041(1)....

...Interiors by Sharman, Inc. (Interiors), plaintiff below, appeals from a post-judgment order denying its motion for attorney’s fees and costs. We affirm without comment that portion of the order which denied attorney’s fees, but reverse and remand as to costs. Section 57.041, Florida Statutes (1997), provides, in pertinent part, that “the party recovering judgment shall recover all of his or her legal costs and charges which shall be included in the judgment.” See also Luizza v....

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....

...Van Duyne concedes that Aspen entitles General to recover the costs if the judgment is affirmed. The final judgment is affirmed. The trial court’s order denying costs is reversed, and this cause is remanded for the assessment of costs authorized in section 57.041, Florida Statutes (1989)....

...award of attorney’s fees. Accordingly, we reverse the trial court’s order denying State Farm attorney’s fees, and we remand for further proceedings consistent with this opinion. REVERSED and REMANDED. HARRIS, C.J., and PETERSON, J., concur. . § 57.041, Fla.Stat....

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

...The court granted Hawks' petition and motion but found that Hawks was entitled to fees in the amount of $37,053.42. This court has affirmed the award. See Hawks v. Libit, No. 2D17-2230 (Fla. 2d DCA Feb. 9, 2018) (table decision). Hawks filed a motion for $3254.99 in costs pursuant to section 57.041(1), Florida Statutes (2016)....

...The court denied Hawks' motion and granted Libit's, finding that Libit was the prevailing party in Hawks' -2- fee claim because he was awarded significantly less than the amount he sought. The court relied on the interpretation and application of section 57.041(1) found in Wyatt v. Milner Document Products, Inc., 932 So....

...Hawks moved to alter or amend the final judgment, arguing that the court erred in failing to follow Wolfe. After the court denied his motion to amend, Hawks appealed. I. Analysis Hawks and Libit both sought costs pursuant to section 57.041(1), 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." In the 2012 Wolfe opinion, this court, sitting en banc, held that the plain lang...

...d of costs. Id. at 1137. This court relied on the Florida Supreme Court's decision in Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315 (Fla. 1983): In Hendry Tractor, the supreme court reviewed the operation of section 57.041(1), Florida Statutes (1979), which then, as now, provided that the party "recovering judgment" recover all legal costs and charges....

... stated "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." Id. Wolfe, 104 So. 3d at 1136 (footnote omitted). This court also explicitly aligned itself with the First District's holding in Bessey v. Difilippo, 951 So. 2d 992 (Fla. 1st DCA 2007), in which the First District held: 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....

...at 993. In Wolfe, this court also receded from its prior holding in Spring Lake Improvement District v. Tyrrell, 868 So. 2d 656 (Fla. 2d DCA 2004), which had applied the "prevailing party" standard set forth in Moritz v. Hoyt Enterprises, Inc., 604 So. 2d 807, 810 (Fla. 1992), to costs awards under section 57.041. We explained: In 2004, this court construed and applied section 57.041(1) in Spring Lake, 868 So....

...Eckerhart, 461 U.S. 424, 433[] (1983): "We agree that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorney's fees." Id. at 810. The opinion in Moritz addressed neither section 57.041(1) nor costs. Wolfe, 104 So. 3d at 1136 (footnote omitted). In the instant case, the circuit court relied on Wyatt, in which the Fourth District agreed with Spring Lake that costs under section 57.041(1) are governed by the "prevailing party" standard set forth in Moritz....

...case because it involves a claim sounding in equity and "[t]raditionally, equity courts have had the discretion to apportion costs." Shlachtman v. Mitrani, 508 So. 2d 494, 495 (Fla. 3d DCA 1987). But both Hawks and Libit sought costs pursuant to section 57.041(1)....

...P'ship v. -5- Beach Terrace Ass'n, 173 So. 3d 1014, 1015 (Fla. 2d DCA 2015) (reversing the trial court's denial of costs "because the trial court incorrectly applied the prevailing party standard instead of section 57.041, Florida Statutes (2012), which awards costs to the party that recovers a judgment"); Pelham v. Walker, 135 So. 3d 1114, 1119 (Fla. 2d DCA 2013) (stating that the party that recovered partial judgment was entitled to costs pursuant to section 57.041(1)). Libit has not cited, and we have been unable to locate, any authority from this court suggesting that section 57.041(1) or the holding in Wolfe should apply differently to equitable claims....

...Belt Line R. Corp., 268 U.S. 413 , 45 S.Ct. 534 , 69 L.Ed. 1020 (1925); 64 Am.Jur.2d Public Utilities § 190 (1972). . City of Pompano Beach v. Oltman, 389 So.2d 283 (Fla. 4th DCA 1980). . Rosalind does not dispute the amount of costs — $8,624.67. . § 57.041, Fla.Stat....

...st the corporation. The costs incurred subsequent to April 1, 1971, should be divided equally between Guy Azar and The Azar Corporation. The Azar Corporation should receive credit for all costs heretofore paid by it.” This is contrary to Fla.Stat. § 57.041, F.S.A. “57.041 Costs; recovery from losing party....

...The trial court taxed costs for the second trial but refused to do so as concerns the first trial. The Macks appeal. We reverse and remand with instructions. It is to be remembered and emphasized that the Macks have prevailed at every step in this litigation. Section 57.041, Florida Statutes (1983) is the statutory basis for the prevailing party recovering costs from the losing party....

...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....

...Crystal’s Cross-Appeal of Order Denying Motion to Tax Costs As for the cross-appeal of the order denying Crystal’s motion to tax costs, we review the issue of entitlement de novo. Progressive Am. Ins. Co. v. Chiropractic Clinics of S. Fla., PL, 387 So. 3d 1262, 1263 (Fla. 3d DCA 2024). Under section 57.041, Florida Statutes (2023), the “party recovering judgment” is entitled to recover its “legal costs and charges.” See also Fla. R....

...ht to recover lawful court costs, and a trial judge has no discretion to deny costs to the parties recovering judgment.” Chiropractic Clinics of S. Fla., 387 So. 3d at 1263 (citing 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....

...Markovits argues that service was perfected when the CFO was served, and therefore the proposal complied with rule 1.442(b). 3 State Farm proposal. 2 Following trial, in a separate motion Markovits moved for and was awarded costs as a prevailing party. See § 57.041, Fla. Stat (2014)....

...rt or child custody. (Emphasis added). *1099 Costs pertaining to discovery materials are generally recoverable by the prevailing party. Gordon International Advertising, Inc. v. Charlotte County Land & Title Co., 170 So.2d 59 (Fla. 3d DCA 1965); § 57.041, Fla.Stat....

...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)....

PER CURIAM. This is an appeal of an award of costs under section 57.041(1), Florida Statutes, to the appellee as the party recovering judgment....

...Florida Deceptive and Unfair Trade Practices Act (FDUTPA), section 501.204, et. seq., Florida Statutes, as well as under a proposal for settlement pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. Additionally, Gonzalez seeks costs based on section 57.041, Florida Statutes. As explained below, we affirm the trial court’s denial of fees and costs based on the FDUTPA claim and the proposal for settlement but reverse as to the mandatory imposition of costs pursuant to section 57.041. First, we examine the trial court’s denial of fees and costs under FDUTPA.1 The relevant statute vests the trial court with discretion to award fees and costs under FDUTPA....

...Accordingly, none of proposals proffered under the offer of judgment statute satisfy the strict requirements of the relevant statute and rule, and the trial court correctly declined to enforce them. Finally, we address Gonzalez’s entitlement to costs under section 57.041, Florida Statutes. The statute uses mandatory language. “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” § 57.041(1), Fla....

...A zero judgment, a defense verdict by which the plaintiff takes nothing, constitutes a judgment in favor of the defendant for purposes of recovery of costs. See Tacher v. Mathews, 845 So. 2d 332, 334–35 (Fla. 3d DCA 2003). Accordingly, we vacate the portion of the final judgment denying costs. Section 57.041 requires an award of costs in favor of Gonzalez. Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. 7 

...No matter how broad or comprehensive, the confidentiality agreement in this case was not ambiguous. 10  II. Costs The Insurer also argues that the trial court erred in denying its motion to tax costs pursuant to section 57.041....

...We review a trial court’s award of these costs de novo. Sherman v. Sherman, 279 So. 3d 188, 190 (Fla. 4th DCA 2019). This section states, “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” § 57.041, Fla. Stat. (2020). “Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020) (emphasis added). Thus, as an award of these costs is not discretionary, we also reverse and remand to the trial court for taxation of costs in favor of the Insurer pursuant to section 57.041. In summary, we find that the trial court erred in finding the proposal for settlement ambiguous. As such, we reverse and remand to the trial court for a determination of attorney’s fees under section 768.79. We also reverse and remand for a determination of costs under section 57.041. Reversed and remanded with instructions. MAY, J., concurs. GERBER, J., concurs specially with opinion. GERBER, J., concurring specially. I fully concur in my colleague Judge Levine’s well-reasoned opinion....

...Neither proposal was accepted, and the case went to trial. After the jury returned a verdict in Tran’s favor, the circuit court entered judgment against Moulten and Anvil Iron in the amount of $93,464.41. Tran then served a timely motion to tax costs pursuant to section 57.041, Florida Statutes (2005), and to tax attorney’s fees based on the unaccepted proposals for settlement, pursuant to section 768.79, Florida Statutes (2005), and Florida Rule of Civil Procedure 1.442....

...hat clearly resolves the conflict. Because the documents are in conflict, we agree with the trial court that they are ambiguous. Accordingly, we affirm the circuit court’s order insofar as it denies Tran’s motion for attorney’s fees. II. COSTS Section 57.041(1), Florida Statutes (2005), provides that “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.” Tran prevailed at trial and was entitled to costs....

...However, the court denied the appellants’ motion to tax costs against Smith, despite a provision in the final judgment that the third party defendants “go hence without day,” because no determination was made in the verdict on the issue of liability for the accident. Section 57.041, Florida Statutes, provides that a party “recovering judgment” shall recover costs....

...This section applies to a recovery of costs by a third party defendant. Puder v. Revitz, 424 So.2d 76 (Fla. 3d DCA 1982). We deem Propst v. Neily, 467 So.2d 398 (Fla. 4th DCA 1985), relied upon by appellee and the trial court, to be inapposite to the recovery of costs under section 57.041....

PER CURIAM. Marc Ferrara appeals an order assessing costs against him in a declaratory judgment action. As the appellee insurer was the prevailing party at trial, costs were properly assessed under section 57.041, Florida Statutes (1989)....

...We affirm all aspects of the final judgment as it relates to Fernandes’ motion for attorney’s fees. However, as recognized by both parties, we must remand this case to the trial court with instructions that it address Fernandes’ motion for costs pursuant to section 57.041(1), Florida Statutes (2014) (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment ....

...Before the petition was heard on the merits, the Department re-reviewed Lovette’s complaint, realized the subject of the complaint neither works for DOC nor provides services in DOC prisons, determined the complaint is legally sufficient, and began an investigation into the allegations. Lovette *327 moved for costs 3 under section 57.041, Florida Statutes....

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

...Eight months later, on June 4, 1999, Wal-Mart filed a motion to tax costs under section 57.071, Florida Statutes. 1 The court, over Reinke’s objection based on alleged untimeliness of the motion, entered the cost judgment for Wal-Mart that is the subject of this appeal. This court, in its construction of section 57.041, Florida Statutes (1977), 2 observed: “[I]t appears that the prevailing party in an action at law is absolutely entitled to the taxing of costs in his favor.” Dragstrem v....

...oberts v. Askew, could have delayed its option to seek costs until the appeal was concluded. AFFIRMED. ERVIN, LAWRENCE and PADOVANO, JJ., CONCUR. . Section 57.071 provides what costs are taxable once they are awarded. . The 1977 and 1997 versions of section 57.041 are substantially similar....

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....

...68.” 1 After a careful review of the record and the trial court’s judgment, we agree. Mr. Mihevic was entitled to an award of his attorney’s fees under the statute. In addition, Mr. Mihevic was entitled to the recovery of his court costs under section 57.041, Florida Statutes (2003)....

...tled to attorney’s fees under the terms of Article 14(2) of the Association’s Declaration of Condominium, as “prevailing party.” Further, the Association was entitled to costs (including the costs of the independent investigator) pursuant to section 57.041(1), Florida Statutes (2022) (“The party recovering judgment 3  Applying a hybrid standard of review, see Ezer v....

...the best interests of the corporation. The corporation has the burden of shall recover all his or her legal costs and charges which shall be included in the judgment. . . .”) Because we affirm the award of attorney’s fees under the Declaration, and the award of costs under section 57.041(1), we need not reach the question of whether the trial court properly concluded that the derivative action was “commenced without reasonable cause.” 4 proving the independence and good faith...

...f homestead property under the Florida RICO Act was prohibited by Article X, section 4 of the Florida Constitution. Butterworth v. Caggiano, 605 So.2d 56 (Fla.1992). We also affirm the trial court’s order taxing costs against the state pursuant to section 57.041, Florida Statutes (1989)....

...did not obtain a judgment in its favor, it is not entitled to attorney’s fees- under section 501.2105.” Id. at 269 . In settling on this- interpretation of the statute, the first district looked to the Florida Supreme Court’s decision in Hendry Tractor Co. v. Fernandez, 432 So.2d 1315 (Fla.1983), construing section 57.041, Florida Statutes (1979)....

...To allow attorney’s fees where a plaintiff does not prevail under one consumer protection statute — but obtains a judgment under a different consumer law or a common law cause of action — would discourage consumers from using statutes designed for their own protection. MAY and KLINGENSMITH, JJ., concur. . Section 57.041(1) provided that "[t]he party recovering judgment shall repover all his or her legal costs and charges which shall be , included in the judgment.”

...___ On appeal from the Circuit Court for Leon County. Karen Gievers, Judge. August 23, 2019 PER CURIAM. The Department of Health appeals a judgment awarding costs to Joseph Redner as a prevailing party pursuant to § 57.041, Florida Statutes....

...Florida Rule of Civil Procedure 1.420 provides in relevant part, “Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action, once the action is concluded as to the party seeking taxation of costs.” Fla. R. Civ. P. 1.420(d); see also § 57.041(1), Fla....

...n for motorists on U.S. 27, are questions of fact for the jury to resolve. See Bolton v. Smythe, 432 So.2d 129 (Fla. 5th DCA), rev. denied, 440 So.2d 353 (Fla.1983). The cost judgment entered by the trial court awarding costs to appellee pursuant to section 57.041, Florida Statutes is reversed....

...1.420(b). Innovative Services filed a second amended complaint which didn’t include Annesser as a defendant.1 After the conclusion of the matter as it pertained to him, Annesser sought costs and fees. Annesser sought entitlement to costs under section 57.041, Florida Statutes, and Rule 1.420(d), and fees under section 768.79, 1 Annesser filed a motion seeking a dismissal with prejudice, which was never heard or ruled on by the trial court, and therefore not relevant to this appeal. 2 Florida Statutes, and Rule 1.420(a)(1)....

...as to a party’s entitlement to costs and fees under a statute is a question of law reviewed de novo. See, e.g., Magdalena v. Toyota Motor Corp., 253 So. 3d 24, 25 (Fla. 3d DCA 2017). Annesser first claims entitlement to court costs pursuant to section 57.041, Florida Statutes, and Florida Rule of Civil Procedure 1.420(d). 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.” As noted above, the trial court entered a dismissal without prejudice....

...(finding that voluntary dismissal following prior administrative closure of case was not a “second dismissal” constituting an “adjudication on the merits” as described in Rule 1.420(a)(1), because the court, not the plaintiff, dismissed the prior action). So, 57.041(1) fails as a basis for costs because no adjudication on the merits occurred. But the inquiry doesn’t end there for costs....

...th v. Loews Miami Beach Hotel Operating Co., 35 So. 3d 101, 103 (Fla. 3d DCA 2010) (emphasis omitted). Here, entitlement to fees under the offer of judgment statute fails for the same reason explained in relation to the entitlement to costs under section 57.041(1)....

...Graney and KTD Consulting Engineers, Inc., appeal the *1244 lower court’s order awarding attorneys’ fees and costs to appellees, Caduceus Properties, LLC (Caduceus) and Tallahassee Neurological Clinic, P.A. (TNC). The lower court awarded costs to Caduceus and TNC as the prevailing parties below, pursuant to section 57.041, Florida Statutes (2011)....

...s entitlement to attorney’s fees and costs. Although the parties raise several points on appeal and cross-appeal, we affirm on all issues without comment except for one—whether the trial court erred in denying Landlord entitlement to costs under section 57.041, Florida Statutes (2022)....

...Although the trial court initially entered an order granting Landlord entitlement to attorney’s fees and costs, a successor judge later vacated that order and denied both parties’ motions for entitlement to fees and costs, including costs under section 57.041(1), Florida Statutes (2022). “An appellate court reviews whether a trial court’s award of costs is excessive for an abuse of discretion; however, whether a cost requested may be awarded, at all, is a question of law to be reviewed de novo.” Sherman v. Sherman, 279 So. 3d 188, 190 (Fla. 4th DCA 2019) (en banc) (quoting City of Boca Raton v. Basso, 242 So. 3d 1141, 1144 (Fla. 4th DCA 2018)). Section 57.041(1) provides in pertinent part: “(1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; . . . .” § 57.041(1), Fla....

...“The statute expressly demands that the party recovering judgment be awarded costs. This unambiguous language need not be construed.” Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315, 1316 (Fla. 1983). “Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020) (citing Land & Sea Petroleum, Inc. v. Bus. Specialists, Inc., 53 So. 3d 348, 356 (Fla. 4th DCA 2011)). Section 57.041 awards costs to the “party recovering judgment”—as opposed to the “prevailing party.” See Sherman, 279 So. 3d at 193 (receding en banc from conflicting language in prior opinions construing section 57.041 under a “prevailing party” standard and finding costs should be awarded to the “party recovering judgment”); Wanda Dipaola Stephen Rinko Gen. P’ship v. Beach Terrace, Ass’n, Inc., 173 So. 3d 1014, 1015–16 (Fla. 2d DCA 2015) (reversing and remanding for correct application of section 57.041 where trial court erred in awarding costs to the prevailing party). A party who recovers a 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)....

...gainst the city); Hendry, 432 So. 2d at 1316 (holding “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)”). The final judgment stated Landlord “shall recover from [Tenants] ....

...l; it only claimed an equitable lien for money damages. Thus, the trial court improperly awarded the cost of moving the vessel to First Union. First Union was also awarded the cost of keeping the vessel in storage for almost three years, pursuant to section 57.041, Florida Statutes (1999)....

...If it appears that the property described in the complaint was wrongfully taken or detained by defendant and the property has been delivered to plaintiff by the officer executing the writ, plaintiff shall have judgment for his or her damages caused by the taking and detention and costs. . § 57.041....

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

...certain HRS witnesses “highly suspect,” and concluding that HRS “wholly failed” to prove its allegations of sexual abuse against either the father or the uncle. Having prevailed on the merits, the father filed a motion to tax costs, invoking section 57.041, Florida Statutes (1993)....

...nclusion. On appeal, the father assigns this denial as error. Prevailing Party Entitled, to Costs With statutory exceptions not pertinent here, the general rule is that a “party recovering judgment shall recover all his legal costs and charges_” § 57.041, Fla....

...and in equity the allowance of costs rests in the discretion of the court.”). We are not concerned here with an acquitted criminal defendant. Cf. Wolf v. County of Volusia, 22 Fla. L. Weekly S192 , — So.2d - [ 1997 WL 182884 ](Fla. Apr. 17, 1997). Although an agency of state government, HRS enjoys no exemption from section 57.041 on that account....

...5th DCA 1988) and the Third District in Gordon v. Department of Health and Rehabilitative Services, 674 So.2d 840, 841 (Fla. 3d DCA 1996)(“taxation of costs in juvenile proceedings [is] at the discretion of the trial court pursuant to see *248 tion 57.041”) and Gordon v. Department of Health and Rehabilitative Services, 687 So.2d 948 (Fla. 3d DCA 1994) have concluded that section 57.041, Florida Statutes, applies in juvenile proceedings. See also Department of Health and Rehabilitative Servs. v. Crossdale, 585 So.2d 481, 483 (Fla. 4th DCA 1991)(“Section 57.041 creates a general right in a prevailing party for costs following judgment as a matter of course.”). Again with exceptions not pertinent here, the language of section 57.041 conditions a prevailing party’s entitlement to an award of costs only on “recovering judgment.” E.g., Henson v....

...amount to be later determined. Later, however, the court rendered an order saying that Ms. Reilly’s motion for fees and costs was denied in all respects. Both parties agree that Ms. Reilly is entitled to taxable costs as the prevailing party. See § 57.041(1), Fla....

...ursuant to their offer of judgment, arguing that their offer was made in good faith and in compliance with section 768.79, Florida Statutes (2020), and Florida Rule of Civil Procedure 1.442. The GT Defendants also moved for taxable costs pursuant to section 57.041, Florida Statutes (2020). 3  In February 2021, at a hearing, the trial court 1 ruled that the GT Defendants were entitled to attorney’s fees based on the proposal for settlement....

...While the underlying action was pending, Kopras served Marco with three proposals for settlement pursuant to section 768.79. Marco did not accept any of the 1Kopras also sought and was awarded costs as the prevailing party in accordance with section 57.041, Florida Statutes (2012)....

...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....

...hich was the original basis of the Court’s denial.” The court further reasoned that “[w]hen seeking to tax costs, the movant must file the appropriate motion, attaching a verified statement setting forth the items claimed to be taxable.” Section 57.041(1), Florida Statutes (2018), 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 claim for costs does not need to be asserted in the pleadings....

...2d DCA 2008) (“Rule 1.100(b) does not impose a requirement that motions for attorney’s fees and costs be accompanied by affidavits setting forth the amount of fees and costs claimed.”); Seminole Cty. v. Koziara, 881 So. 2d 83, 84 n.2 (Fla. 5th DCA 2004) (“[N]othing in section 57.041, Florida Statutes or Florida Rule of Civil Procedure 1.525 requires supporting affidavits....

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

...2d at 226. We must discern a drafter's intent by analyzing the text's plain and ordinary meaning. Gallagher v. Manatee County, 927 So. 2d 914, 919 (Fla. 2d DCA 2The Boatrights also moved to recover costs pursuant to section 57.041, Florida Statutes (2013), which was granted by the trial court....

...proposals a certificate of service. We reverse the order of the trial court and remand for an award of attorneys' fees and costs in favor of the Boatrights. The amount of the award is to be determined by the trial court. The court's award of costs to the Boatrights pursuant to section 57.041 is affirmed....

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

...WHAT ROLE, IF ANY, DOES “HEARSAY” PLAY IN THE TRIAL OF SUCH ACTION? II. The second issue we address is whether the trial court erred in awarding costs to appellee. We conclude that it did not. *537 Appellee’s motion to tax costs was premised upon Section 57.041(1) Florida Statutes (1985), which states: 57.041 Costs; recovery from losing party....

...en the seized property is sold. We also certify the following question as being of great public importance: IS SECTION 932.704(3)(a), FLORIDA STATUTES (1985), INTENDED TO RELIEVE AN UNSUCCESSFUL CLAIMANT FROM LIABILITY FOR COURT COSTS ASSESSED UNDER SECTION 57.041 FLORIDA STATUTES (1985), TO THE EXTENT THAT THERE ARE PROCEEDS REMAINING FROM THE SALE OF THE FORFEITED GOODS AFTER SATISFACTION OF EXPENSES RECEIVING PRIORITY UNDER SECTION 932.704(3)(a)? ANSTEAD, J., and KLEIN, HERBERT J., Associate Judge, concur....