STOCKS
v.
DAMANN
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Eviction judgment for plaintiff affirmed but reversed on costs issue; prevailing party in forcible detainer action entitled to costs under Fla. Stat. § 83.26.
A prevailing party in a forcible detainer action is entitled to costs as a matter of right under Florida Statutes § 83.26, and the trial court erred in failing to award costs to the plaintiff.
[1] In a forcible detainer action under Florida Statutes chapter 83, the prevailing party is entitled to costs as a matter of right, and the trial court has no discretion to…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In every case the prevailing party shall have judgment for his costs, and the judge shall issue execution therefor on the third day thereafter unless an appeal be taken.”
Statutory requirement under Fla. Stat. § 83.26 regarding costs in forcible detainer actions.
Plaintiff filed a forcible detainer petition against defendant under chapter 83, Florida Statutes. After initial default judgment, the court set it as…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Prevailing Party Costs cases and more on FLexlaw
Plaintiff filed a petition for removal of tenant under chapter 83, Florida Statutes, in the civil court of record.
Summons was issued on September 12, 1951, returnable on the fourth day after service, and was served on the next day. On the fourth day after service, on September 18, default judgment was entered. On the same day, defendant filed a motion to dismiss.
On September 25 the court of its own motion set aside the default and final judgment, two days later sustaining the motion to dismiss, with leave to amend. Plaintiff immediately filed an amended petition — attaching the original lease to it.
*6On October 2, upon the defendant filing a defense to the petition, the court entered final judgment awarding possession of the premises to plaintiff — but failed and refused to allow costs.
I believe the only error the court committed was in eliminating costs to the prevailing party from the final judgment. Section 83.26, Florida Statutes, specifically provides:
In every ease the prevailing party shall have judgment for his costs, and the judge shall issue execution therefor on the third day thereafter unless an appeal be taken.
It follows that this 'cause should be-, and is hereby reversed with directions to the court to amend its final judgment and provide for the allowance of costs to the plaintiff.