STATE OF FLORIDA, DEPARTMENT OF HEALTH, APPELLANT,
v.
DISCOVERY EXPERIMENTAL AND DEVELOPMENT, INC., APPELLEE

Fla. 1st DCA | 2000-09-01
No. 1D99-3967
KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.
767 So. 2d 1244 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The Department of Health seeks review of a final order entered by an administrative law judge awarding to appellee attorney fees and costs (including the travel expenses of appellee’s attorney and corporate representative) pursuant to section 120.595(3), Florida Statutes (1997). We reverse the portion of the cost award attributable to travel expenses because the statute does not expressly provide for the reimbursement of such expenses. See generally Florida Gas Co. v. Spectra-Physics, Inc., 406 So. 2d 1280, 1281 (Fla. 1st DCA 1981) (holding that travel expenses of an attorney may be recovered as costs in a civil action only if expressly authorized by contract or statute). Accord Barnes v. City of Dunedin, 666 So. 2d 574 (Fla. 2d DCA 1996). In all other respects, we affirm the order as supported by competent, substantial evidence.

AFFIRMED IN PART and REVERSED IN PART.

KAHN, WEBSTER and VAN NORTWICK, JJ., CONCUR.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …of claims for fees and costs under section 120.595. See, e.g., Johnson v. Department of Children and Families, 771 So. 2d 601, 25 Fla.L. Weekly D2720 (Fla. 1st DCA Nov.21, 2000); Department of Health v. Discovery Experimental and Development, Inc., 767 So. 2d 1244 (Fla. 1st DCA 2000); Department of Insurance v. Florida Bankers Association, 764 So. 2d 660 (Fla. 1st DCA 2000); Environmental Trust v. Department of Environmental Protection, 714 So. 2d 493 (Fla. 1st DCA 1998); Security Life Ins. Co. v. Dep’t of In…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw