# Florida State University, Board of Trustees v. Monk

> District Court of Appeal of Florida · May 10, 2013 · 112 So. 3d 173

URL: https://www.frixlaw.com/law-library/cases/4800837

## Case

- **Full name:** The FLORIDA STATE UNIVERSITY, BOARD OF TRUSTEES v. Brenda MONK
- **Court:** District Court of Appeal of Florida
- **Decided:** May 10, 2013
- **Citations:** 112 So. 3d 173; 2013 Fla. App. LEXIS 7600; 2013 WL 1926404
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Padovano, Swanson, Thomas
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4800837

## Opinion text

PER CURIAM.
We affirm the trial court’s denial of appellant’s motion for attorney’s fees pursuant to section 57.105, Florida Statutes (2009), finding no abuse of discretion. However, the trial court did not have discretion to deny the recovery of costs by *174 appellant, as the prevailing party, under section 57.041, Florida Statutes (2009). Campbell v. State, Dep’t of Legal Affairs, 110 So.3d 478 (Fla. 1st DCA Mar.8, 2013). Accordingly, we reverse and remand for the taxation of costs in appellant’s favor.
AFFIRMED in part; REVERSED in part; and REMANDED for further proceedings.
PADOVANO, THOMAS, and SWANSON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4800837. Public record. Not legal advice.