Opinion
No. 4D20-629
04-07-2021
Kenneth N. WOLINER, M.D., Appellant, v. State of Florida DEPARTMENT OF HEALTH and Louise R. Wilhite-St. Laurent, Appellees.
Kenneth N. Woliner, M.D., Boca Raton, pro se. Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for appellees.
Kenneth N. Woliner, M.D., Boca Raton, pro se.
Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for appellees.
Damoorgian, J. Kenneth N. Woliner, M.D., the prevailing party below, appeals the final judgment and several interlocutory orders entered in his violation of public records action against the State of Florida Department of Health and Louise R. Wilhite-St. Laurent. Finding merit in the argument that the trial court erred in denying Appellant's motion for costs based on his failure to comply with the notice requirement of section 284.30, Florida Statutes, we reverse and remand for the court to award Appellant his costs. See § 284.30, Fla. Stat. (2017) ("A party to a suit in any court, to be entitled to have his or her attorney's fees paid by the state or any of its agencies, must serve a copy of the pleading claiming the fees on the Department of Financial Services ...." (emphasis added)); Johnson v. Jarvis , 107 So. 3d 428, 429–30 (Fla. 1st DCA 2012) (holding, albeit in the context of appellate costs, that the prevailing party's failure to comply with the notice requirement of section 284.30 did not preclude the prevailing party from recovering costs, reasoning that "[c]osts and attorney's fees are not one and the same"). We affirm on all other issues raised on appeal without further comment.
Affirmed in part, reversed in part, and remanded.
Warner and May, JJ., concur.