Florida State University, Board of Trustees v. Monk

District Court of Appeal of Florida

Florida State University, Board of Trustees v. Monk

112 So. 3d 173, 2013 WL 1926404, 2013 Fla. App. LEXIS 7600

District Court of Appeal of Florida·Decided May 10, 2013·No. No. 1D12-2949·Published·Cited by 2 cases

Opinion

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 [174]*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.

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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 [174]*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.

Florida State University, Board of Trustees v. Monk, 112 So. 3d 173, 2013 WL 1926404, 2013 Fla. App. LEXIS 7600 (Fla. Ct. App. 2013).

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