Interiors by Sharman v. Koon

Full title: INTERIORS BY SHARMAN, INC., d/b/a Interiors by Sharma Appellant, v. DAVID…

Court: District Court of Appeal of Florida, Second District

Date published: Jun 13, 2001

786 So. 2d 1239 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 2D00-4660.

Opinion filed June 13, 2001.

Appeal from nonfinal order of the Circuit Court for Pinellas Cou Catherine M. Harlan, Judge.

Affirmed in part, reversed in part, and remanded.

Jaime Austrich of Shumaker, Loop Kendrick, LLP, Tampa, for Appellant.

Thomas G. Hersem, Clearwater, for Appellee.

GREEN, Judge.

Interiors by Sharman, Inc. (Interiors), plaintiff below, appeals from a postjudgment order denying its motion for attorney's fees and costs. We affirm without comment that portion of the order which denied attorney's fees, but reverse and remand as to costs.

Section 57.041, Florida Statutes (1997), provides, in pertinent part, that "the party recovering judgment shall recover all of his or her legal costs and charges which shall be included in the judgment." See also Luizza v. Yaeger, 571 So.2d 600 (Fla. 2d DCA 1990) (holding that a prevailing party is entitled to costs). Interiors was the prevailing party below and provided to the trial court, by way of affidavit, evidence of costs incurred. Thus, the trial court erred in denying Interiors' motion for costs, and we therefore remand this cause to the trial court for entry of an award of same.

THREADGILL, A.C.J., and STRINGER, J., Concur.