Narrative Opinion Summary
The summary final judgment in favor of appellee Diane Reilly is affirmed, along with the dismissal with prejudice for appellee John Reilly, except regarding the issue of costs. The court initially recognized Ms. Reilly as the prevailing party entitled to recover taxable costs, but subsequently denied her motion for fees and costs. Both parties concur that Ms. Reilly is entitled to these costs per Florida Statute 57.041(1) (2011). The court affirms the judgment and order but reverses the denial of costs and remands for an assessment of taxable costs in favor of Ms. Reilly. The judges, Monaco, Lawson, and Evander, concur with this decision.
Legal Issues Addressed
Denial of Costssubscribe to see similar legal issues
Application: The denial of Ms. Reilly's motion for fees and costs is reversed, recognizing her right to an assessment of taxable costs as the prevailing party.
Reasoning: The court affirms the judgment and order but reverses the denial of costs and remands for an assessment of taxable costs in favor of Ms. Reilly.
Prevailing Party Entitlement to Costs under Florida Statute 57.041(1)subscribe to see similar legal issues
Application: The court acknowledges that Ms. Reilly, as the prevailing party, is entitled to recover taxable costs under Florida Statute 57.041(1) (2011), and remands the case for an assessment of such costs.
Reasoning: Both parties concur that Ms. Reilly is entitled to these costs per Florida Statute 57.041(1) (2011).