Sawyer v. Board of County Commissioners

I respectfully dissent. I would affirm and hold that the trial court correctly followed our sister courts’ decisions in Osceola County v. Otte, 530 So.2d 478 (Fla. 5th DCA 1988), and Benitez v. State, 350 So.2d 1100 (Fla. 3d DCA 1977), cert. denied, 359 So.2d 1211 (Fla.1978).

At common law neither party could be charged with the costs of the other, and it was only by statute that such costs came to be allowed. But even then, both in England and in this country, costs were not chargeable to the sovereign or the state unless there was an express provision in the law to authorize such costs.…