Florida District Courts of Appeal, 2013

Campbell v. State, Department of Legal Affairs

Campbell v. State, Department of Legal Affairs
Florida District Courts of Appeal · Decided March 8, 2013 · Benton, Swanson, Wolf
110 So. 3d 478; 2013 WL 856719; 2013 Fla. App. LEXIS 3682 (Southern Reporter, Third Series)

Campbell v. State, Department of Legal Affairs

Opinion of the Court

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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