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...

22 August

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Recoverable / Taxable Costs to the Prevailing Party

Posted by David Adelstein

in Appeal, Trial Perspectives

When a party prevails in litigation, the party should be entitled to recover its “costs” incurred in connection with the litigation. This is different than that party’s attorney’s fees. See Fla. Stat. s. 57.041 (“The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment.”). While the taxable or recoverable costs a party is entitled to is within the discretion of the trial court, there are important guidelines to be followed known as the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. See Fla.R.Civ.P. Taxation of Costs. The guidelines set...