D. MICHAEL CAMPBELL, ESQUIRE, FORMER COUNSEL FOR PLAINTIFF, SIXTO OLIVA (DECEASED), APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, AGENCY FOR HEALTH CARE ADMINISTRATION, AND DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, APPELLEES

Fla. 1st DCA | 2013-03-08
No. 1D12-1076
BENTON, C.J., WOLF and SWANSON, JJ., concur.
110 So. 3d 478 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

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. Dragstrem v. Butts, 370 So.2d 416 (Fla. 1st DCA 1979). Accordingly, we reverse and remand for the taxation of costs in appellant’s favor.

REVERSED and REMANDED.

BENTON, C.J., WOLF and SWANSON, JJ., concur.

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  • The Fla. State Univ. v. Monk, 112 So. 3d 173 (Fla. 1st DCA 2013)
    …), 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). Campbell v. State, Dep’t of Legal Affairs, 110 So. 3d 478 (Fla. 1st DCA Mar.8, 2013). Accordingly, we reverse and remand for the taxation of costs in appellant’s favor. AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings. PADOVANO, THOMAS, and SWANSON, JJ., concur.…

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