Florida District Courts of Appeal, 2013

Florida State University, Board of Trustees v. Monk

Florida District Courts of Appeal · Decided May 10, 2013 · Padovano, Swanson, Thomas

112 So. 3d 173; 2013 WL 1926404; 2013 Fla. App. LEXIS 7600 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

Paul R. Messer and Betty J. Messer v. Mark James Sander, and Julia Dils Sander, etc. (Fla. Dist. Ct. App. 2016)
Wilkerson v. Johnson (Fla. Dist. Ct. App. 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm the trial court’s denial of appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2009), finding no abuse of discretion. However, the trial court did not have discretion to deny the recovery of costs by *174appellant, 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.