MANN v. ANIMAL AID INC (2024)

District Court of Appeal of Florida, Fourth District.

Rhoda MANN, Appellant, v. ANIMAL AID, INC., Appellee.

No. 4D2023-0171

Decided: May 22, 2024

Marcy I. LaHart of Marcy I. LaHart PA, Micanopy, for appellant. Kevin H. Fabrikant and Patrice Paldino of Fabrikant & Associates, PLLC, Hollywood, for appellee.

Rhoda Mann appeals the circuit court's order denying her motion for attorney's fees and request to tax costs. We affirm the orders denying attorney's fees but reverse the order as to Mann's request to tax costs.

Section 57.041(1), Florida Statutes (2022), states that “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment ․” And, “[w]here costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Tower Hill Signature Ins. Co. v. Kushch, 335 So. 3d 743, 753 (Fla. 4th DCA 2022) (quoting Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020)). Because Mann was the “party recovering judgment,” the court erred when it denied her request to tax costs. On remand, the court shall tax costs in favor of Mann.

Affirmed in part, reversed in part, and remanded.

Per Curiam.

May, Damoorgian and Kuntz, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network