Rhoda Mann appeals the circuit courts order denying her motion for attorneys fees and request to tax costs. We affirm the orders denying attorneys fees but reverse the order as to Manns request to tax costs.
Section 57.041(1), Florida Statutes (2022), states that “[t]he party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment ․” And, “[w]here costs are sought based on section 57.041(1), a trial court has no discretion to deny the party obtaining judgment its lawful costs.” Tower Hill Signature Ins. Co. v. Kushch, 335 So. 3d 743, 753 (Fla. 4th DCA 2022) (quoting Roberts v. Third Palm, LLC, 300 So. 3d 1216, 1217 (Fla. 4th DCA 2020)). Because Mann was the “party recovering judgment,” the court erred when it denied her request to tax costs. On remand, the court shall tax costs in favor of Mann.
Affirmed in part, reversed in part, and remanded.
Per Curiam.
May, Damoorgian and Kuntz, JJ., concur.