Prevailing Party in Civil Action Entitled to Recover Costs

A party prevailing in a civil action is entitled to recover their costs. Fla. Stat. s. 57.041(1) (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment….”). Florida Rule of Civil Procedure 1.525 provides that a “party seeking a judgment taxing costs…shall serve a motion no later than 30 days after filing of the judgment….”). Check out this article to understand the type of taxable costs a prevailing party in a civil action is entitled. A prevailing party’s counsel moving to recover legal costs does not need to verify the...

12 October

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Party Recovering Judgment Entitled to Recoverable Costs

Posted by David Adelstein

in Appeal, Standard of Review

Florida Statute s. 57.041(1) provides, “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section does not apply to executors or administrators in actions when they are not liable for costs.” Thus, in most cases, when it comes to the recovery of recoverable costs, if you obtain a judgment against the other party, you are entitled to such costs under section 57.041. There is no analysis as to which party truly prevailed in the case (which is oftentimes the analysis when dealing with attorney's fees). See...