Campbell v. State, Department of Legal Affairs

Appellant seeks review of the denial of his motion to tax costs pursuant to section 57.041, Florida Statutes (2009). We agree the trial court did not have discretion to deny the recovery of costs by appellant, as the prevailing party, under section 57.041. Dragstrem v. Butts, 370 So.2d 416 (Fla. 1st DCA 1979). Accordingly, we reverse and remand for the taxation of costs in appellant’s favor.

REVERSED and REMANDED.

BENTON, C.J., WOLF and SWANSON, JJ., concur.