STEVE BRINSON IRRIGATION SERVICES LLC v. KRAMER III (2022)

District Court of Appeal of Florida, First District.

STEVE BRINSON IRRIGATION SERVICES, LLC, Appellant, v. Albert A. KRAMER III, Appellee.

No. 1D21-1012

Decided: August 17, 2022

Dana C. Matthews II of Matthews & Jones, LLP, Santa Rosa Beach, for Appellant. Michael J. Henry of Dunlap & Shipman, P.A., Santa Rosa Beach, for Appellee.

Steve Brinson Irrigation Services, LLC appeals the trial court's decision not to award attorney's fees and costs. We affirm the denial of attorney's fees as a valid exercise of the trial court's discretion. See Trytek v. Gale Indus., Inc., 3 So. 3d 1194, 1203 (Fla. 2009) (concluding that a trial court has discretion to determine that no party in a construction lien dispute is the prevailing party under section 713.29, Florida Statutes). Because Appellee properly concedes error on the issue of costs, we reverse the denial of costs and remand the matter to the trial court to award reasonable costs. See § 57.041(1), Fla. Stat. (2020) (“The party recovering judgment shall recover all his or her legal costs and charges ․”); see also Hendry Tractor Co. v. Fernandez, 432 So. 2d 1315, 1316 (Fla. 1983); Bessey v. Difilippo, 951 So. 2d 992, 995–97 (Fla. 1st DCA 2007).

Affirmed in part, Reversed in part, and Remanded.

Per Curiam.

B.L. Thomas, Nordby, and Tanenbaum, JJ., concur.

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