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Steve Brinson Irrigation Servs. v. Kramer

Florida Court of Appeals, First District
Aug 17, 2022
No. 1D21-1012 (Fla. Dist. Ct. App. Aug. 17, 2022)

Opinion

1D21-1012

08-17-2022

Steve Brinson Irrigation Services, LLC, Appellant, v. Albert A. Kramer III, Appellee.

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.


Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge.

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.

PER CURIAM

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.

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


Summaries of

Steve Brinson Irrigation Servs. v. Kramer

Florida Court of Appeals, First District
Aug 17, 2022
No. 1D21-1012 (Fla. Dist. Ct. App. Aug. 17, 2022)
Case details for

Steve Brinson Irrigation Servs. v. Kramer

Case Details

Full title:Steve Brinson Irrigation Services, LLC, Appellant, v. Albert A. Kramer…

Court:Florida Court of Appeals, First District

Date published: Aug 17, 2022

Citations

No. 1D21-1012 (Fla. Dist. Ct. App. Aug. 17, 2022)