FRANK DIGIACOMO AND LAW OFFICE OF FRANK DIGIACOMO, ESQUIRE, P.A.
v.
KOGAN & DISALVO, P.A. AND GEICO GENERAL INSURANCE COMPANY
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A party obtaining judgment is entitled to recover costs under section 57.041, Florida Statutes, as a matter of law, and the trial court has no discretion to deny such costs.
[1] Under Florida Statute § 57.041, a trial court lacks discretion to deny costs to a party that obtains judgment, and such costs must be awarded as a matter of law.
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“Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.”
Court citing Roberts v. Third Palm, LLC to establish the mandatory nature of cost awards under section 57.041.
Frank DiGiacomo and his law office were prevailing parties in a summary judgment action below. The trial court denied their requests for attorney's fe…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
FRANK DIGIACOMO and LAW OFFICE OF FRANK DIGIACOMO, ESQUIRE, P.A., Appellants,
v.
KOGAN & DISALVO, P.A. et al., Appellee.
No. 4D21-215
[June 9, 2021]
Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County; Reginald Roy Corlew, Judge; L.T. Case Nos. 50-2019-AP- 000148-CA-XXMB and 50-2017-SC-002453-XXXX-SB.
Salvatore DiGiacomo of Law Office of Frank DiGiacomo, P.A., Stuart, for appellants.
George M. Bakalar of Kogan & DiSalvo, P.A., Boynton Beach, for appellee.
DAMOORGIAN, J.
Frank DiGiacomo and Law Office of Frank DiGiacomo, Esquire, P.A. (“Defendants”), the prevailing parties below, appeal the court’s denial of their request for: (1) attorney’s fees and costs pursuant to section 768.79, Florida Statutes; (2) attorney’s fees as a sanction pursuant to section 57.105, Florida Statutes; and (3) costs under section 57.041, Florida Statutes. We affirm the court’s denial of attorney’s fees and costs under sections 768.79 and 57.105 without further comment. We reverse, however, the court’s denial of costs under section 57.041.
Section 57.041 provides that “[t]he party recovering judgment shall recover all his or her legal costs.” § 57.041(1), Fla. Stat. (2019). “Where costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020). As summary judgment was ultimately entered in Defendants’ favor below, they are
2
entitled to costs under section 57.041 as a matter of law.1 See id. at 1218 (holding that the defendant was entitled to costs under section 57.041 after summary judgment was entered in the defendant’s favor).
Accordingly, we reverse and remand for the court to award Defendants costs under section 57.041, Florida Statutes.
Affirmed in part, reversed in part, and remanded.
KUNTZ and ARTAU, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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