NATASHA SCHNEIDER AND GARY SCHNEIDER, APPELLANTS,
v.
MARK DIPAOLA, APPELLEE
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The court held that the party recovering judgment, not the party awarded nothing, is entitled to costs under the statute.
The jury found the appellants negligent and awarded the appellee economic damages, but no noneconomic damages. Because the economic damages were less …
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PER CURIAM.
The appellants, Natasha and Gary Schneider, challenge the trial court’s order awarding costs of $7,274.84 to the appellee, Mark DiPaola. We reverse.
The appellee brought a personal injury action against appellants for damages appel-lee sustained in a motor vehicle accident. The jury rendered a verdict which indicated that the accident was caused solely by the appellants’ negligence. The jury awarded appellee economic damages of $6,000.00. However, the verdict also indicated that the appellee did not sustain a permanent injury and did not award noneconomic damages. Because the jury award of economic damages was less than a set-off that was stipulated to by the parties, the trial court entered a final judgment which awarded nothing to the-appellee. Following the entry of the final judgment, the trial court determined that appel-lee 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. See also Weeks v. Klimas, 566 So. 2d 344 (Fla. 2d DCA 1990); Militana v. Ladd, 605 So. 2d 580 (Fla. 3d DCA 1992). The trial court erred in awarding costs to the appellee because it was the appellants who were the prevailing parties. Accordingly, the costs award to the appellee is reversed.
Reversed and remanded.
PATTERSON, A.C.J., and BLUE ánd GREEN, JJ., concur.
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Danner Constr. Co., Inc. v. Reynolds Metals Co., 760 So. 2d 199 (Fla. 2d DCA 2000)…t Reynolds “take nothing from the defendant.” In addition, Reynolds did not prevail on its main claim for damage to the cans. In this situation, Danner was entitled to its costs because it was the party recovering judgment. See Schneider v. DiPaola, 715 So. 2d 284, 285 (Fla. 2d DCA 1998)(where damage award to plaintiff was less than stipulated set-off, defendants were prevailing party because final judgment awarded nothing to plaintiff); see also Moritz v. Hoyt Enters., Inc., 604 So. 2d 807, 810 (Fla.1992)(“t…
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Network Publ'ns, Inc. v. Bjorkman, 756 So. 2d 1028 (Fla. 5th DCA 2000)…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. See Schneider v. DiPaola, 715 So. 2d 284 (Fla. 2d DCA 1998). AFFIRMED in part; REVERSED in part; and REMANDED. DAUKSCH, J., concurs and concurs specially, with opinion. HARRIS, J., concurs in part, dissents in part, with opinion. DAUKSCH, J., concurring and concurring specially. Athou…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- B.J. Militana and Marie Militana v. Ladd, 605 So. 2d 580 (Fla. 3d DCA 1992)
- Weeks v. Klimas, 566 So. 2d 344 (Fla. 2d DCA 1990)