Interiors by Sharman, Inc. v. Koon

District Court of Appeal of Florida

Interiors by Sharman, Inc. v. Koon

786 So. 2d 1239, 2001 Fla. App. LEXIS 7993, 2001 WL 649853

CourtDistrict Court of Appeal of Florida

DecidedJune 13, 2001

DocketNo. 2D00-4660

StatusPublished

This text of 786 So. 2d 1239 (Interiors by Sharman, Inc. v. Koon) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Interiors by Sharman, Inc. v. Koon, 786 So. 2d 1239, 2001 Fla. App. LEXIS 7993, 2001 WL 649853 (Fla. Ct. App. 2001).

Pincite

Opinion

GREEN, Judge.

Interiors by Sharman, Inc. (Interiors), plaintiff below, appeals from a post-judgment order denying its motion for attorney’s fees and costs. We affirm without comment that portion of the order which denied attorney’s fees, but reverse and remand as to costs.

Section 57.041, Florida Statutes (1997), provides, in pertinent part, that “the party recovering judgment shall recover all of his or her legal costs and charges which shall be included in the judgment.” See also Luizza v. Yaeger, 571 So.2d 600 (Fla. 2d DCA 1990) (holding that a prevailing party is entitled to costs). Interiors was the prevailing party below and provided to the trial court, by way of affidavit, evidence of costs incurred. Thus, the trial court erred in denying Interiors’ motion for costs, and we therefore remand this cause to the trial court for entry of an award of same.

Affirmed in part, reversed in part, and remanded.

THREADGILL, A.C.J., and STRINGER, J., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

GREEN, Judge.

Interiors by Sharman, Inc. (Interiors), plaintiff below, appeals from a post-judgment order denying its motion for attorney’s fees and costs. We affirm without comment that portion of the order which denied attorney’s fees, but reverse and remand as to costs.

Section 57.041, Florida Statutes (1997), provides, in pertinent part, that “the party recovering judgment shall recover all of his or her legal costs and charges which shall be included in the judgment.” See also Luizza v. Yaeger, 571 So.2d 600 (Fla. 2d DCA 1990) (holding that a prevailing party is entitled to costs). Interiors was the prevailing party below and provided to the trial court, by way of affidavit, evidence of costs incurred. Thus, the trial court erred in denying Interiors’ motion for costs, and we therefore remand this cause to the trial court for entry of an award of same.

Affirmed in part, reversed in part, and remanded.

THREADGILL, A.C.J., and STRINGER, J., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

786 So. 2d 1239, 2001 Fla. App. LEXIS 7993, 2001 WL 649853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interiors-by-sharman-inc-v-koon-fladistctapp-2001.

Opinion

Related

Cite This Page — Counsel Stack