Opinion
CASE NO. 1D12-1076
03-08-2013
D. MICHAEL CAMPBELL, ESQUIRE, former counsel for Plaintiff, Sixto Oliva (deceased), Appellant, v. STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, AGENCY FOR HEALTH CARE ADMINISTRATION, and DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellees.
Richard B. Bush and Audra Michelle Bryant of Bush & Augspurger, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and James A. Peters, Special Counsel, Tallahassee, for Appellees.
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
An appeal from the Circuit Court for Leon County.
Jackie L. Fulford, Judge.
Richard B. Bush and Audra Michelle Bryant of Bush & Augspurger, P.A., Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and James A. Peters, Special Counsel, Tallahassee, for Appellees. PER CURIAM.
Appellant seeks review of the denial of his motion to tax costs pursuant to section 57.041, Florida Statutes (2009). We agree the trial court did not have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041. Dragstrem v. Butts, 370 So. 2d 416 (Fla. 1st DCA 1979). Accordingly, we reverse and remand for the taxation of costs in appellant's favor.
REVERSED and REMANDED. BENTON, C.J., WOLF and SWANSON, JJ., CONCUR.