BOBBY LEE BRYAN, D/B/A BOBBY'S HIDEAWAY, PETITIONER,
v.
DEPARTMENT OF BUSINESS REGULATION, DIVISION OF BEVERAGE, RESPONDENT
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SMITH, Judge.
Bryan petitions the Court to impose on the Division of Beverage Bryan’s costs— the filing fee of this Court and the court reporter’s charges for transcribing testimony at the hearing before the Division — incurred and paid by Bryan in his successful prosecution of a petition for certiorari to review and reverse the Division’s order assessing a civil penalty. Bryan v. Department of Business Regulation, Division of Beverage, 313 So. 2d 769 (Fla.App. 1st, 1975).
Entry of a judgment by this Court ordinarily entails an award of costs to the successful litigant. Sec. 57.041(1), F.S.1973, Rule 3.16, F.A.R. Because what Bryan won in this Court was its judgment, not merely a quasi-judicial order of an agency, the limitations imposed by Allen United Enterprises v. Special Disability Fund, 288 So. 2d 204 (Fla.1974) would not deprive Bryan of an award of costs in this case. But the Legislature has specifically provided by the Administrative Procedure Act that costs may be awarded an aggrieved party prevailing by court review of agency action done in bad faith or maliciously. Sec. 120.57(1) (b) 10, F.S.1973 (1974 Sup.). By clearly specifying the instances in which costs may be awarded by a court reversing an agency’s order, the Legislature by implication disallowed such awards in other cases. Accordingly, Bryan’s petition is
Denied.
RAWLS, Acting C. J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harvey v. Nuzum, 345 So. 2d 1106 (Fla. 1st DCA 1977)…egree of carelessness in its compliance with the requirements of Chapter 120, the record before this court does not demonstrate either bad faith or malice on its part, and thus this point is without merit. Bryan v. Department of Business Regulation, 316 So. 2d 637 (Fla. 1st DCA 1975). The petition for review of final agency action is granted, and the final order of the Division of Beverage revoking Harvey’s beverage license is quashed. SMITH and ERVIN, JJ., concur.…
Authorities Cited
- The Tallahassee Bank & Tr. Co. v. Bryant, 288 So. 2d 204 (Fla. 1973)
- Allen United Enters. and/or C. E. Allen & Sons, Inc. v. Special Disability Fund, 288 So. 2d 204 (Fla. 1974)
- Bryan v. Dep't of Bus. Reg., 313 So. 2d 769 (Fla. 1st DCA 1975)