GOODMAN DISTRIBUTION INC v. WILLIAMS (2020)

District Court of Appeal of Florida, First District.

GOODMAN DISTRIBUTION, INC., Appellant, v. Christopher A. WILLIAMS, Appellee.

No. 1D19-1161

Decided: June 29, 2020

Jesse Ryan Butler and A. James Rolfes of Dickinson & Gibbons, P.A., Sarasota; Christine R. Davis of Carlton Fields, Tallahassee, for Appellant. Jennifer Biewend and Kris B. Robinson of Robinson, Kennon & Kendron, P.A., Lake City, for Appellee.

Goodman Distribution, Inc. (Goodman), challenges the trial court's denial of its motion for attorney's fees and costs pursuant to sections 768.79 and 57.041, Florida Statutes (2018). We find no error in the trial court's denial of Goodman's motion for attorney's fees and costs pursuant to section 768.79. We find that the trial court erred by denying Goodman's motion for costs pursuant to section 57.041 because the trial court failed to hold an evidentiary hearing on this matter. See Tesla Elec., Armature & Mach., Inc. v. JLM Advanced Tech. Servs. Inc., 128 So. 3d 865, 866 (Fla. 1st DCA 2013) (holding that costs under section 57.041 are mandatory and a trial court errs when it does not afford the moving party the opportunity to show that the requested costs were reasonably necessary to its defense at an evidentiary hearing). Accordingly, we reverse and remand the case to the trial court for an evidentiary hearing on Goodman's motion for costs pursuant to section 57.041.

Affirmed in part, Reversed in part, and Remanded.

Per Curiam.

Wolf, Roberts, and Winokur, JJ., concur.

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