James Viera appeals the circuit courts order denying his motion for attorneys fees and costs after an involuntary dismissal. We affirm the denial of his motion for attorneys fees without discussion. But we reverse the courts order denying costs.
After Novation Ventures, LLCs complaint was dismissed for failure to prosecute, Viera timely filed a motion for costs based on Florida Rule of Civil Procedure 1.420(d). That rule is clear and states: “Costs in any action dismissed under this rule shall be assessed and judgment for costs entered in that action, once the action is concluded as to the party seeking taxation of costs.”
Based on Rule 1.420(d)s plain language, the court erred when it denied Vieras motion to tax costs. We reverse the courts denial of the motion to tax costs and remand for further proceedings.
Reversed and remanded.
Kuntz, J.
Damoorgian, J., and Fahnestock, Fabienne E., Associate Judge, concur.