KEITH JACKSON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Granoff v. Seidle, 915 So. 2d 674 (Fla. 5th DCA 2005)
  …("[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…
• Bessey v. Difilippo, 951 So. 2d 992 (Fla. 1st DCA 2007)
  …all of the damages the complaint prayed for. The statute does not leave the award to the trial court’s discretion, but entitles the party in whose favor judgment is entered to an award of all taxable costs, as a matter of law. See Tacher v. Mathews, 845 So. 2d 332, 334 (Fla. 3d DCA 2003) (“The award of these costs is not discretionary.”). Accordingly, we reverse and remand for the award of all taxable costs reasonably and necessarily incurred in prosecuting the lawsuit. I. Mr. Bessey sued Jo Difilippo, as t…
• Connell v. City OF Plantation, 901 So. 2d 317 (Fla. 4th DCA 2005)
  …s. (2) Costs may be collected by execution on the judgment or order assessing costs. § 57.041(1)-(2), Fla. Stat. (2004) (emphasis added). 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. Nothing in section 44.103 prevents us from doing so. Here, the ar…

Authorities Cited

• Haliburton v. State, 561 So. 2d 248 (Fla. 1990)
• Ragland v. State, 358 So. 2d 100 (Fla. 3d DCA 1978)