FLORIDA DEPARTMENT OF HEALTH
v.
JOSEPH REDNER, AN INDIVIDUAL
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The court reversed an award of costs to Redner because the underlying merits judgment in favor of Redner had been reversed on appeal, making him no longer the prevailing party.
A party awarded costs as the prevailing party loses that award when the underlying judgment in its favor is reversed on appeal.
[1] A prevailing party's award of costs under § 57.041, Florida Statutes, must be reversed when the underlying judgment in that party's favor is reversed on appeal.
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Join FLexlaw to unlock all legal intelligenceThe Department of Health appealed a judgment awarding costs to Joseph Redner as the prevailing party under Florida Statutes § 57.041. While the costs …
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PER CURIAM.
The Department of Health appeals a judgment awarding costs to Joseph Redner as a prevailing party pursuant to § 57.041, Florida Statutes. While this costs-related appeal was pending, this court reversed the underlying merits judgment with directions to enter judgment in favor of the Department instead of Mr. Redner. Fla. Dep’t of Health v. Redner, 44 Fla. L. Weekly D 873 (Fla. 1st DCA Apr. 3, 2019). Accordingly, we now reverse the final judgment awarding costs to Mr. Redner because he is no longer the prevailing party. See William G. Graney, P.E. v. Caduceus Props., LLC, 93 So. 3d 1243, 1244 (Fla. 1st DCA 2012) (reversing award of costs as a prevailing party, where the underlying final judgment had been reversed). REVERSED and REMANDED.
LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Jason Gonzalez, Rachel Nordby, and Amber Stoner Nunnally of Shutts & Bowen LLP, Tallahassee, for Appellant.
Luke Lirot of Luke Charles Lirot, P.A., Clearwater, for Appellee.
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