Party that Recovers Judgment Entitled to Costs

Florida Statute s. 57.041 provides in material part, “The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.”  Recently, Florida’s Sixth District Court of Appeals determined whether the recovery of costs should be analyzed under the same prevailing party analysis as attorney’s fees. Most Florida districts find that it does not although one district (Florida’s Fifth District) finds that it should. The Sixth District aligned itself with the majority of Florida districts holding that the party that recovers a judgment is entitled to their costs. H&S Investment Group of...